88 A.D.2d 678 | N.Y. App. Div. | 1982
— Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered August 25, 1981 in Clinton County, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action. Plaintiff Louise Konik, an anesthesiologist licensed to practice in New York State, was formerly a member of Anesthesia Associates of Plattsburgh, P. C. (hereafter AAP), a professional corporation which provides anesthesiological services for defendant Champlain Valley Physicians Hospital Medical Center (hereafter CVPH). Early in 1978, Salem Bayoumy, M.D., was appointed chief of the anesthesiology department (hereafter department) of CVPH as a consequence of which certain problems allegedly arose within the department which resulted in plaintiff’s withdrawal as a member of AAP. Moreover, since AAP is apparently the exclusive provider of anesthesiological services of CVPH, her withdrawal from AAP effectively ended her service at CVPH. With these circumstances prevailing, plaintiff commenced the instant action wherein she alleged that defendant Bayoumy was appointed chief of the department of anesthesiology in violation of the by-laws of CVPH and of the regulations of the department enacted under the by-laws and that this action constituted a breach by CVPH of a contract with plaintiff. Addition