14TH ST. MED., P.C. v. EPSTEIN

Index No. 651211/18. Appeal No. 13348. Case No. 2020-02474.

192 A.D.3d 495 (2021)

140 N.Y.S.3d 409

2021 NY Slip Op 01496

14th Street Medical, P.C., Respondent, v. Micheline Epstein, M.D., Appellant.

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

Decided March 16, 2021.


Attorney(s) appearing for the Case

Berger & Webb, LLP, New York ( Jonathan Rogin of counsel), for appellant.

Law Offices of Kenneth L. Kutner, New York ( Kenneth L. Kutner of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, JJ.


Defendant Epstein's contention that there is an issue of fact as to whether she was terminated from her position as a physician with plaintiff without giving the 90 days' notice required by her employment contract, or was verbally terminated by plaintiff's administrator, Yan Feldman, is barred by the doctrine of collateral estoppel. In a separate action brought by Epstein against the administrator, the court granted the administrator's motion to dismiss the action based on...

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