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Konik v. Champlain Valley Physicians Hospital Medical Center
Citations: 88 A.D.2d 678; 450 N.Y.S.2d 914; 1982 N.Y. App. Div. LEXIS 16921
Court: Appellate Division of the Supreme Court of the State of New York; May 6, 1982; New York; State Appellate Court
An appeal was made regarding the Supreme Court's order from August 25, 1981, which dismissed Louise Konik's complaint against defendants for failure to state a cause of action. Konik, an anesthesiologist previously part of Anesthesia Associates of Plattsburgh (AAP), alleged that her withdrawal from AAP—after Salem Bayoumy, M.D. was appointed chief of the anesthesiology department at Champlain Valley Physicians Hospital Medical Center (CVPH)—was due to violations of CVPH's by-laws and department regulations. She claimed this appointment constituted a breach of contract by CVPH and that Bayoumy treated her unfairly, seeking damages of $1,000,000. The court affirmed the dismissal, stating that a hospital's violation of by-laws does not typically warrant a monetary damages claim from a doctor. The specific departmental regulation cited by Konik addresses appointment procedures but does not support her breach of contract claim. Additionally, the court found that Konik's claims regarding the liability of CVPH directors under the Not-For-Profit Corporation Law were unfounded, as the cited sections do not apply to her circumstances. The order was upheld with costs awarded to the defendants.