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HORN v. NEW YORK TIMES

293 A.D.2d 1 (2002)

739 N.Y.S.2d 679

SHEILA E. HORN, Respondent, v. NEW YORK TIMES, Appellant.

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

March 21, 2002.

Attorney(s) appearing for the Case

Pearl Zuchlewski of counsel (Geoffrey A. Mort on the brief; Goodman & Zuchlewski LLP, attorneys), for respondent.

Bernard M. Plum of counsel (John F. Fullerton, III, and Michael R. Marra on the brief; Proskauer Rose LLP, attorneys), for appellant.

Donald R. Moy and Rita Menchel for the Medical Society of the State of New York, amicus curiae.

Leonard A. Nelson and Anne M. Murphy for the American Medical Association, amicus curiae.

Douglas J. Polk and William F. Walsh of counsel (Vedder Price Kaufman & Kammholz, attorneys), for the American College of Occupational and Environmental Medicine, amicus curiae.

David N. Wynn of counsel (Arent Fox Kintner Plotkin & Kahn, attorneys), for the American Association of Occupational Health Nurses, Inc., amicus curiae.

ROSENBERGER and MARLOW, JJ., concur with ELLERIN, J.; SULLIVAN, J.P., and WALLACH, J., dissent in a separate opinion by WALLACH, J.

OPINION OF THE COURT

ELLERIN, J.

The question presented by this appeal is whether a physician whose employment is terminated because she refuses to share patients' medical records with individuals not authorized to have them has a cause of action against her employer for wrongful discharge. We cannot accept defendant's argument that nothing in the law prevents it from firing the associate director of its medical...

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