Chime v. Sicuranza
Cases that cite this one
16 later published cases cite this decision.
- Taggart v. Costabile (Appellate Division of the Supreme Court of New York 2015)
- Marcano v. City of Schenectady (District Court, N.D. New York 2014)
- Meyer v. North Shore-Long Island Jewish Health System, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Pat a. Tartaro v. Allstate Indemnity Co. (Appellate Division of the Supreme Court of New York 2008)
- Lobel v. Maimonides Medical Center (Appellate Division of the Supreme Court of New York 2007)
- Sinrod v. Stone (Appellate Division of the Supreme Court of New York 2005)
- Mason v. Central Suffolk Hospital (N.Y. 2004)
- Mason v. Central Suffolk Hospital (Appellate Division of the Supreme Court of New York 2003)
- Wasserman v. Maimonides Medical Center (Appellate Division of the Supreme Court of New York 2000)
- Giordano v. Victory Memorial Hospital (Appellate Division of the Supreme Court of New York 2000)
- Wehling v. Bayex, Inc. (Appellate Division of the Supreme Court of New York 1998)
- Trovato v. Air Express International (Appellate Division of the Supreme Court of New York 1997)
- Howlett v. Bloom (Appellate Division of the Supreme Court of New York 1997)
- Harms v. Riordan-Bellizi (Appellate Division of the Supreme Court of New York 1996)
- Falk v. Anesthesia Associates of Jamaica (Appellate Division of the Supreme Court of New York 1996)
- Rocco v. Town of Smith-Town (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages, inter alia, for breach of hospital bylaws, the defendants appeal from so much of an order of the Supreme Court, Kings County (Garry, J.), dated April 22, 1994, as denied their motion to dismiss the plaintiff’s first, second, third, sixth, and seventh causes of action.
Ordered that the order is modified, on the law, by deleting the provision thereof which denied the branch of the defendants’ motion which was to dismiss the plaintiff’s seventh cause of action and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff, a medical doctor, agreed to oversee mostly indigent and Medicaid patients in satellite prenatal clinics operated by the defendant St. Mary’s Hospital of Brooklyn (hereinafter St. Mary’s) during a time when Medicaid and other governmental reimbursement for such services was relatively minimal. In his complaint, the plaintiff alleges, inter alia, that when Medicaid and other governmental reimbursement for such services was increased, the defendants Dr. Bernard Sicuranza and Dr. Madeleine Lamarque, two doctors affiliated with St. Mary’s, began a campaign both to divert the plaintiff’s patients to their care and to discredit his professional competence. On appeal, the defendants argue that the court erred in denying their motion to dismiss the plaintiff’s first, second, third, sixth, and seventh causes of action.
A motion to dismiss a cause of action is properly denied if, upon any reasonable view of the facts alleged in the complaint, the plaintiff would be entitled to recovery (see, 219 Broadway Corp. v Alexander’s, Inc., 46 NY2d 506). Here, applying this standard, we find that all but one of the defendants’ arguments lack merit.
The third cause of action for defamation met the specificity requirement of CPLR 3016 (a) and sufficiently met the publication requirement (see, CPLR 3016 [a]; see also, WFB Telecommunications v NYNEX Corp., 188 AD2d 257, 258-259; Saha v Record, supra, at 766; Stich v Oakdale Dental Ctr., 120 AD2d 794, 796; Sassower v Finnerty, 96 AD2d 585, 587; compare, Seltzer v Fields, 20 AD2d 60, 64, affd 14 NY2d 624). In the complaint, the plaintiff quoted statements which impugned his professional ability and alleged that the statements were made to other staff members, patients, and potential patients. In response to the defendants’ motion to dismiss, the plaintiff appended documents which contained the alleged defamatory statements and indicated the people to whom they were published. Moreover, based on, inter alia, the alleged circumstances surrounding the utterance and/or publication of the allegedly defamatory statements, the Supreme Court properly denied the motion to dismiss this cause of action on the grounds of absolute or qualified privilege (see, Loughry v Lincoln First Bank, 67 NY2d 369, 376; Mihalakis v Committee of Interns & Residents, 162 AD2d 371, 372; Petrus v Smith, 91 AD2d 1190, 1191; compare, Bassim v Howlett, 191 AD2d 760).
The court did not err in denying the branch of the defendants’ motion which was to dismiss the plaintiff’s sixth cause of action for prima facie tort. Although the complaint does al
The Supreme Court erred, however, in failing to grant the branch of the defendant’s motion which was to dismiss the seventh cause of action to recover damages for intentional and/or negligent infliction of emotional distress. The conduct complained of was not so outrageous in character and extreme in degree that it surpassed the limits of decency and would be regarded as atrocious and utterly intolerable in a civilized society (see, Fischer v Maloney, 43 NY2d 553; Ruggiero v Contemporary Shells, 160 AD2d 986; Leibowitz v Bank Leumi Trust Co., 152 AD2d 169).
We have examined all of the parties’ remaining contentions and find them to be without merit. Balletta, J. P., Ritter, Copertino and Friedmann, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.