SITHIAN v. STATEN IS. HOSP.


189 Misc.2d 410 (2001)

734 N.Y.S.2d 812

NEDUNCHEZIAN SITHIAN, Plaintiff, v. STATEN ISLAND UNIVERSITY HOSPITAL et al., Defendants. (And Another Action.) NEDUNCHEZIAN SITHIAN, Plaintiff, v. RICHARD SPENCE, Defendant.

Supreme Court, Richmond County.

September 28, 2001.


Attorney(s) appearing for the Case

Garfunkel, Wild & Travis, P. C., Great Neck (Leonard M. Rosenberg of counsel), for Staten Island University Hospital and others, defendants.

Maynard, O'Connor, Smith & Catalinotto, L. L. P., Albany (Robert A. Rausch of counsel), for Benjamin Chang, defendant.

Nathan L. Dembin & Associates, P. C., New York City, for plaintiff.


OPINION OF THE COURT

JOSEPH J. MALTESE, J.

This court awards the defendants statutory costs and attorneys' fees in these consolidated retaliatory slander actions pursuant to the Health Care Quality Improvement Act of 1986 (HCQIA) found in 42 USC § 11101 et seq.

Facts

The actions arise out of a peer review of Nedunchezian Sithian, M.D. (Dr. Sithian), a vascular surgeon, by Staten Island University Hospital (SIUH). In November...

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