673 N.Y.S.2d 240 | N.Y. App. Div. | 1998
Cross appeals from an order of the Supreme Court (Demarest, J.), entered May 15, 1997 in St. Lawrence County, which, inter alia, partially denied defendants’ motion for summary judgment.
Plaintiff was terminated from her employment as nurse manager of the critical care unit at defendant A. Barton Hepburn Hospital after it was alleged that she euthanized a patient under her care (see, Matter of LaDuke v Hepburn Med. Ctr., 239 AD2d 750, lv denied 91 NY2d 802). Plaintiff thereafter commenced a proceeding pursuant to CPLR article 78 seeking review of the hospital’s determination. This Court affirmed Supreme Court’s judgment dismissing the petition on the ground that plaintiff was an at-will employee who could be
Defendants then moved pursuant to CPLR 3211 to dismiss the complaint, arguing that the dismissal of the CPLR article 78 proceeding had preclusive effect in this action under the doctrine of res judicata, that the first four causes of action were barred by the doctrine of collateral estoppel and that plaintiff failed to plead outrageous conduct sufficient to support the intentional infliction of emotional harm claim. Plaintiff opposed the motion and cross-moved to, inter alia, stay the proceedings pending the appeal of the judgment dismissing the CPLR article 78 proceeding. After converting defendants’ motion, at the parties’ request, into one for summary judgment, Supreme Court granted partial summary judgment in favor of defendants and dismissed the second, fourth and fifth causes of action in their entirety. Further, the court dismissed the first cause of action against the hospital, denied that portion of plaintiff’s cross motion which sought a stay and granted that portion of the cross motion which sought to amend the complaint. Defendants appeal and plaintiff cross-appeals.
We affirm. Although we conclude that the principles of res judicata barred the second cause of action for breach of contract, we do not agree with defendants that the remaining causes of action are also barred. The transactional approach to res judicata provides that “future litigation between the same parties on a cause of action arising out of the same transaction or series of transactions as a cause of action that was raised or could have been raised in a prior proceeding is barred” (Corvetti v Town of Lake Pleasant, 227 AD2d 821, 823, lv denied 85 NY2d 802; see, Moss v Medical Liab. Mut. Ins. Co., 224 AD2d 762). This rule is inapplicable, however, where plaintiff is statutorily or jurisdictionally precluded from obtaining
Here, the gravamen of the CPLR article 78 proceeding was to review the hospital’s determination discharging plaintiff from employment and to obtain reinstatement with monetary relief in the form of back pay and benefits. Had plaintiff succeeded in that proceeding, she would have been permitted to recover back pay and benefits as incidental to the primary relief requested (see, e.g., Matter of West v New York State Dept. of Transp., 229 AD2d 730). In this action, however, plaintiff seeks compensatory damages for various tort causes of action based not upon the hospital’s determination, but upon allegedly false statements made by the employees. Compensatory damages for torts such as those alleged in the complaint are recoverable without respect to the rationality of an administrative determination and are therefore not available in a CPLR article 78 proceeding as incidental damages (see, e.g., Pauk v Board of Trustees, supra; Thomas v City of New York, 239 AD2d 180; Murphy v Capone, supra). However, the back pay and benefits sought against the hospital pursuant to the second cause of action would have been awarded to plaintiff as incidental damages had she prevailed in the CPLR article 78 proceeding (see, CPLR 7806; Pauk v Board of Trustees, supra). As the breach of contract claim and the CPLR article 78 proceeding arise out of plaintiff’s termination, involved the same parties and requested virtually identical relief, the principles of res judicata prohibit plaintiff from recovering “ ‘essentially the same relief for harm arising out of the same or related facts’ ” (Pauk v Board of Trustees, 111 AD2d 17, 19, affd 68 NY2d 702, quoting O’Brien v City of Syracuse, 54 NY2d 353, 357-358).
We also reject plaintiffs contention that Supreme Court erred in dismissing the fifth cause of action alleging intentional infliction of emotional distress on the ground that she failed to allege that defendants engaged in the outrageous conduct necessary to state such a claim. A cognizable claim for intentional infliction of emotional distress is established where a plaintiff shows that a defendant engaged in outrageous conduct which caused severe emotional distress (see, Howell v New York Post Co., 81 NY2d 115; see also, Natoli v City of Kingston, 195 AD2d 861). Moreover, the conduct alleged must “transcend the bounds of decency and be regarded as atrocious and utterly intolerable in a civilized community” (Klinge v Ithaca Coll., 235 AD2d 724, 727).
Here, plaintiff alleges that the employees’ conduct in making allegedly false statements accusing her of euthanasia and the
Finally, we conclude that Supreme Court properly dismissed the first cause of action against the hospital. It is well settled that an employer may not be held liable for the wrongful discharge of an at-will employee (see, Matter of De Petris v Union Settlement Assn., 86 NY2d 406; Ingle v Glamore Motor Sales, 73 NY2d 183) and that such an employee may not circumvent this rule by using other causes of action to substitute for such a claim (see, Murphy v American Home Prods. Corp., 58 NY2d 293, 297; Brooks v Blue Cross, 190 AD2d 894, 895). Clearly, the hospital’s alleged conduct was “too closely related to the wrongful termination alleged to stand as a distinct cause of action” (Brooks v Blue Cross, 190 AD2d 894, 895, supra).
We have reviewed defendants’ remaining contention regarding qualified privilege and find it to be unpreserved for appellate review.
Mercure, J. P., White, Peters and Carpinello, JJ., concur. Ordered that the order is affirmed, without costs.