PANDIAN v. NEW YORK HEALTH & HOSPS. CORP.


54 A.D.3d 590 (2008)

863 N.Y.S.2d 668

KANAGARAJ PANDIAN, M.D., Appellant, v. NEW YORK HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

September 16, 2008.


Plaintiff, an anesthesiology resident in defendant Medical College, received negative performance evaluations both before and after an incident in which he was reported to have fallen asleep during surgery. The parties orally agreed that plaintiff would resign in exchange for withdrawal of disciplinary charges against him, and a promise of a "neutral" reference in the event of an employment or other residency inquiry.

Plaintiff's contract claim nowhere alleged that...

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