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Moon v. Southside Hospital

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 523 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

Appeal from the Supreme Court, Suffolk County (Berler, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff's contract to provide radiation services for the defendant Southside Hospital (hereinafter Southside) was duly terminated by Southside pursuant to a provision in the contract allowing for termination — without cause — on 60 days notice by either party. Moreover, the plaintiff has not alleged facts sufficient to sustain a cause of action against any of the defendants based upon fraud or tortious interference with his contractual relationship with Southside ( see, Alamo Contract Bldrs., 242 A.D.2d 643; Colucci v. O'Brien, 204 A.D.2d 257; Guard-Life Corp. v. Parker Hardware Mfg. Corp., 50 N.Y.2d 183, 191; Nassau Diagnostic Imaging Radiation Oncology Assocs. v. Winthrop University Hosp., 197 A.D.2d 563).

Accordingly, the Supreme Court correctly dismissed the complaint as against all of the defendants.

Rosenblatt, J. P., Ritter, Copertino and Goldstein, JJ., concur.


Summaries of

Moon v. Southside Hospital

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 523 (N.Y. App. Div. 1998)
Case details for

Moon v. Southside Hospital

Case Details

Full title:SHI-HYONG MOON, Appellant, v. SOUTHSIDE HOSPITAL et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 1998

Citations

248 A.D.2d 523 (N.Y. App. Div. 1998)
669 N.Y.S.2d 876

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