Legal Opinion · Dissent
Chalasani v. Neuman
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 1983Published
1DissentTitone, J.
dissents and votes to affirm the order, with the following memorandum: In my view, plaintiff cannot maintain an action for injunctive relief *807on the basis of a generalized claim that the defendant violated unspecified provisions of its medical staff by-laws. At common law, a private proprietary hospital had the unfettered right to bar a physician for any or no reason (Guibor v Manhattan Eye, Ear & Throat Hosp., 46 NY2d 736; Leider v Beth Israel Hosp. Assn., 11 NY2d 205). That rule has been tempered by statute (Public Health Law, § 2801-b). While the legislation precludes arbitrary action, it…
2Cases cited10 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Weiner v. McGraw-Hill, Inc.New York Court of Appeals · 1982
- Guibor v. Manhattan Eye, Ear & Throat Hospital, Inc.New York Court of Appeals · 1978
- Cohoes Memorial Hospital v. Department of HealthNew York Court of Appeals · 1979
- Mulvihill v. Julia L. Butterfield Memorial HospitalDistrict Court, S.D. New York · 1971
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