MATTER OF PAMILLA v. HOSP. FOR SPECIAL SURGERY


223 A.D.2d 508 (1996)

637 N.Y.S.2d 689

In the Matter of Jeanne R. Pamilla, Appellant, v. Hospital for Special Surgery, Respondent Jeanne R. Pamilla, Appellant, v. Hospital for Special Surgery et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 30, 1996


The IAS Court in the article 78 proceeding correctly determined that respondent hospital had substantially complied with the disciplinary procedures contained in its by-laws (see, Tedeschi v Wagner Coll., 49 N.Y.2d 652, 660). Petitioner was accorded a hearing before an ad hoc committee of the Medical Board, review by the full Medical Board, review by the Board of Trustees, and a final determination by the Executive Committee of the Board of Trustees. The by-laws do not mandate that a hearing by the full Medical Board be conducted before the ad hoc committee's hearing. The hospital also provided notice of the patients and charts that would be discussed at petitioner's hearing, and allowed petitioner's attorneys to be present at all stages of the hearings to consult with petitioner and prepare her for the hearings, to make opening and closing statements and unlimited written submissions.

Plaintiff is collaterally estopped from claiming in her action for damages that the hospital's disregard of its own by-laws was a breach of its contract with her, the court in the prior article 78 proceeding having finally determined that there was substantial compliance with the by-laws (see, Murphy v Town of Southampton, 168 A.D.2d 545, 546). Absent a breach of that contract, there can be no claim that the individual defendants tortiously interfered with it (see, Megaris Furs v Gimbel Bros., 172 A.D.2d 209, 213).

Nor does plaintiff state a cause of action for tortious interference with prospective economic advantage absent allegations that defendants were motivated solely by malice or effected the interference by unlawful means. Indeed, there are allegations that they were at least partially motivated by their own self-interest (see, Matter of Entertainment Partners Group v Davis, 198 A.D.2d 63, 64). We have reviewed appellant's remaining contentions and find them to be without merit.


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