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INDEMINI v. BETH ISRAEL MED.

4 N.Y.3d 63 (2005)

823 N.E.2d 1271

790 N.Y.S.2d 625

ANNE INDEMINI, Appellant, v. BETH ISRAEL MEDICAL CENTER, Respondent.

Court of Appeals of the State of New York.

Decided February 10, 2005.

Attorney(s) appearing for the Case

Carabba Locke LLP, New York City (Steven I. Locke of counsel), for appellant.

Kornstein Veisz Wexler & Pollard, LLP, New York City (Mark Platt and Marvin Wexler of counsel), for respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Albany (Darrell E. Jeffers and Jason M. LaFlam of counsel), for Healthcare Association of New York State, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

READ, J.

On December 7, 1999, the Department of Emergency Medicine at defendant Beth Israel Medical Center terminated plaintiff Anne Indemini from her position as a second-year medical resident. The Department took this action "[b]ased on [plaintiff's] disciplinary history, and on [an] incident of inappropriate and disruptive conduct, insubordination, poor judgement and poor performance while on probation." Plaintiff grieved the Department...

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