Balaklaw v. American Board of Anesthesiology, Inc.

OPINION OF THE COURT

Irad S. Ingraham, J.

Plaintiff complains that defendant’s refusal to allow him to review the results of a test administered by defendant for purposes of certification in a medical specialty constitutes breach of an implied contract between the parties and seeks inter alla to compel defendant to disclose the test results. Defendant moves to dismiss the complaint pursuant to CPLR 3211 (a) (1), (2), (5), and (7).

Both parties appeared by counsel for oral argument before this court on September 14, 1990 in Cortland, New York.

FINDINGS OF FACT

Plaintiff is a licensed physician…