Bloom v. Nyu Langone Medical Center

2017 NY Slip Op 3901, 150 A.D.3d 511, 52 N.Y.S.3d 222

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 16, 2017
• Docket: 4022 150949/15
• Status: Published

Opinion

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered March 9, 2016, which granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff, who had no express contract, cannot avoid the grievance process set forth in Public Health Law § 2801-b by casting his claims arising from the non-renewal of his admitting privileges at defendant hospitals as contract or tort claims or claims for damages only (Lobel v Maimonides Med. Ctr., 39 AD3d 275, 277 [1st Dept 2007]).

Concur—Sweeny, J.P., Renwick, Andrias, Feinman and Gesmer, JJ.