Opinion
Argued April 25, 2000.
June 19, 2000.
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Garson, J.), dated July 29, 1999, which denied its motion, in effect, to dismiss the complaint for failure to state a cause of action.
Martin, Clearwater Bell, New York, N.Y. (Lisa Mudd, Joseph L. DeMarzo, Patricia D'Alvia, and Barbara D. Goldberg of counsel), for appellant.
Halpern, Brown Darienzo, Brooklyn, N.Y. (John A. Darienzo, Jr., of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
Allegations of breach of medical staff bylaws may form the basis of a claim for damages (see, Falk v. Anesthesia Assocs. of Jamaica, 228 A.D.2d 326; Chime v. Sicuranza, 221 A.D.2d 401). However, where, as here, the true nature of the claim is wrongful discharge, and breach of medical staff bylaws is secondary, the claim is barred (see, Ingle v. Glamore Motor Sales, 73 N.Y.2d 183, 188; see, Falk v. Anesthesia Assocs. of Jamaica, supra; Leibowitz v. Bank Leumi Trust Co. of New York, 152 A.D.2d 169). Therefore, the complaint should have been dismissed.