The proposed counterclaims that are the subject of the appeal should be rejected as patently without merit. Although defendant seeks no appellate relief concerning the treatment of its allegations relating to false time records, and plaintiff did not file a cross appeal, we nevertheless modify to make clear that such allegations state a course of action only for fraud, and not for breach of fiduciary duty, such modification being necessary to just and complete relief (
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RODGERS v. LENOX HILL HOSP.
239 A.D.2d 140 (1997)
657 N.Y.S.2d 616
James J. Rodgers, Respondent, v. Lenox Hill Hospital, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 6, 1997
May 6, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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