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GELBARD v. GENESEE HOSP.

87 N.Y.2d 691 (1996)

664 N.E.2d 1240

642 N.Y.S.2d 178

Bernard Gelbard, Appellant, v. Genesee Hospital, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 4, 1996.

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke LLP, Rochester (Donald W. O'Brien, Jr., of counsel), for appellant.

Michael R. Wolford & Associates, Rochester (Michael R. Wolford and Elizabeth A. Wolford of counsel), for respondent.

Higgins, Roberts, Beyerl & Coan, P. C., Schenectady (Charles J. Assini, Jr., of counsel), for New York State Society of Anesthesiologists, Inc., and another, amici curiae.

Mark Thomas, Albany, and Garfunkel, Wild & Travis, P. C., Great Neck (David A. Zarett and Roy W. Breitenbach of counsel), for Healthcare Association of New York State, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

Plaintiff physician commenced this action for breach of contract against defendant hospital seeking an order requiring the hospital to restore his staff privileges. Because we conclude that the Public Health Council must in these circumstances review plaintiff's complaint before a court can order the restoration of his staff privileges, we affirm the dismissal of plaintiff's cause of action for breach...

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