NEW YORK EYE & EAR INFIRMARY v. BOWNE

651583/16. Appeal No. 14770. Case No. 2020-02822. 2020-04876.

200 A.D.3d 467 (2021)

160 N.Y.S.3d 4

2021 NY Slip Op 06812

The New York Eye and Ear Infirmary, Doing Business as The New York Eye and Ear Infirmary of Mount Sinai, Respondent-Appellant, v. Helen Yoo Bowne, M.D., Also Known as Helen Yoo Brown, M.D., Appellant-Respondent.

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

Decided December 7, 2021.


Attorney(s) appearing for the Case

Gugliotta & Ponzini, P.C., New Rochelle ( John C. Gugliotta of counsel), for appellant-respondent.

Garfunkel Wild, P.C., Great Neck ( Colleen M. Tarpey of counsel), for respondent-appellant.

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.


Defendant, a physician, transitioned from working full-time for plaintiff to working part time; accordingly, the parties entered into a part-time employment agreement providing that defendant would receive a percentage of net private practice revenues as compensation but would no longer receive a base salary and benefits. After she began working part-time, however, defendant continued to receive the base salary and benefits she had previously received under her full-time...

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