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GLASSMAN v. PROHEALTH AMBULATORY SURGERY CENTER, INC.

No. 105.

14 N.Y.3d 898 (2010)

930 N.E.2d 263

904 N.Y.S.2d 342

KEVIN GLASSMAN, M.D., Respondent, v. PROHEALTH AMBULATORY SURGERY CENTER, INC., et al., Appellants.

Court of Appeals of New York.

Decided June 3, 2010.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Evan H. Krinick , Cheryl F. Korman , David A. Manko , Stuart M. Bodoff and Benjamin P. Malerba, III , of counsel), and Friedman Kaplan Seiler & Adelman LLP, New York City, for appellants.

Littler Mendelson, P.C., New York City ( David M. Wirtz , Barbara A. Gross and Meredith L. Bronfman of counsel), for respondent.

Susan C. Waltman , New York City, for Greater New York Hospital Association, amicus curiae.

Greenberg Traurig, LLP, Albany ( Cynthia E. Neidl of counsel), and Greenberg Traurig, LLP, New York City ( Francis J. Serbaroli of counsel), for New York State Association of Ambulatory Surgery Centers, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The judgment appealed from and the October 2008 order of the Appellate Division brought up for review should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

Even assuming that the provision of the employment contract allowing defendant to collect fees emanating from plaintiff's offsite anesthesiology services is inconsistent with 10 NYCRR...

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