Legal Opinion
Guibor v. Manhattan Eye, Ear & Throat Hospital, Inc.
New York Court of Appeals
Decided December 6, 1978PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order affirmed, with costs, on the opinion by Mr. Justice Harold Birns at the Appellate Division (56 AD2d 359).
We believe, however, that some mention should be made of the requirement that physicians, who allege that they have been improperly denied their staff privileges at a private hospital, exhaust their administrative remedies before availing themselves of the judicial process.
At common law, absent a contractual obligation to the contrary, a physician’s continued professional association with a private hospital was within the unfettered discretion of the…
2Cases cited5 opinions
- Fritz v. Huntington HospitalNew York Court of Appeals · 1976
- Van Campen v. Olean General HospitalAppellate Division of the Supreme Court of the State of New York · 1924
- Van Campen v. Olean General HospitalNew York Court of Appeals · 1925
- Leider v. Beth Israel Hospital Ass'nNew York Court of Appeals · 1962
- Guibor v. Manhattan Eye, Ear & Throat Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
3Cited by46 opinions
- Cohoes Memorial Hospital v. Department of HealthNew York Court of Appeals · 1979
- Giannelli v. St. Vincent's Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1990
- Gelbard v. Genesee HospitalNew York Court of Appeals · 1996
- Saha v. RecordAppellate Division of the Supreme Court of the State of New York · 1991
- Yarnell v. Sisters of St. Francis Health Services, Inc.Indiana Court of Appeals · 1983
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