Lead Practice Area: Litigation
Summary: Our client, a Long Island hospital, suspended and terminated privileges of an anesthesiologist due to performance issues. The anesthesiologist commenced suit in the Eastern District of New York against the hospital and alleged claims of employment discrimination, civil rights violations, and pendent state law claims for breach of contract and tortious interference. We moved to dismiss the anesthesiologist's federal claims. The court granted our motion and further declined to exercise pendent jurisdiction over the state law claims. The anesthesiologist's complaint was dismissed in its entirety.
The anesthesiologist subsequently refiled the state law claims in Nassau County Supreme Court. We successfully moved to dismiss the anesthesiologist's state court action on the grounds that it had not been timely recommenced following the dismissal of the federal action. The anesthesiologist appealed this decision to the Appellate Division Second Department, which affirmed the dismissal of the state court complaint.