MODUGU v. CONTINUUM HEALTH PARTNERS, INC.


3 A.D.3d 422 (2004)

771 N.Y.S.2d 118

SATHISH MODUGU, Respondent, v. CONTINUUM HEALTH PARTNERS, INC., et al., Appellants.

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

January 22, 2004.


Plaintiff, who voluntarily resigned his position as a doctor in Beth Israel Medical Center's faculty practice group, contends that the hospital, as a punitive measure, reduced, then eliminated, his supplemental compensation during the period between his resignation and the termination of his employment 120 days later, by changing its policies and delaying its billing for his work.

Although ordinarily the question of whether unpaid compensation constitutes a discretionary...

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