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Brook v. Peconic Bay Med. Ctr.
Citation: 2023 NY Slip Op 00722Docket: Index No. 650921/12 Appeal No. 16983 Case No. 2021-04613
Court: Appellate Division of the Supreme Court of the State of New York; February 8, 2023; New York; State Appellate Court
Original Court Document: View Document
The appellate court affirmed the Supreme Court's order denying Adam Brook, M.D., Ph.D., and others' motion for summary judgment and granting Peconic Bay Medical Center and others' motion for summary judgment, dismissing the complaint. The dismissal of the breach of contract claim was upheld due to a lack of evidence indicating a "corrective action" was anticipated prior to Brook's resignation, thus the contractual notice provisions were not activated. The court also confirmed the dismissal of claims for fraud, promissory estoppel, and negligent misrepresentation, noting that Brook’s reliance on a statement that the defendants would not investigate a surgical incident was legally unjustifiable. Additionally, Brook failed to present evidence of a job offer that could have been extended but for the defendants' actions, leading to the dismissal of the tortious interference claim. The appellate court declined to consider Brook's argument regarding the impact of a previously awarded adverse inference, as it had not been properly raised in the lower court. The court found no need to address the parties' arguments regarding damages for the breach of contract and fraud claims or the potential reassignment of the case to a different justice. The decision and order were entered on February 9, 2023.