Horn v. New York Times

Wallach, J. (dissenting).

Plaintiff, a licensed physician, was *12hired by oral contract, ordinarily terminable at will, to serve as a doctor and medical administrator for the company’s personnel. The complaint alleges that in the course of this employment, defendant directed plaintiff to disclose the contents of confidential medical records, without employee knowledge or consent, pertaining to workers’ compensation claims, purportedly in violation of various ethical guidelines governing her profession (see, e.g., Education Law § 6530 [23]; 8 NYCRR 29.1 [b] [8]). Her employment was terminated,…