Opinion
2017–05433 Index No. 711059/16
12-26-2018
Jill S. MEYER, etc., Appellant, v. NEW YORK–PRESBYTERIAN HOSPITAL QUEENS, etc., et al., Respondents.
Wolin & Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for appellant. Nixon Peabody LLP, Jericho, N.Y. (Michael S. Cohen and Christopher J. Porzio of counsel), for respondents.
Wolin & Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for appellant.
Nixon Peabody LLP, Jericho, N.Y. (Michael S. Cohen and Christopher J. Porzio of counsel), for respondents.
RUTH C. BALKIN, J.P., SANDRA L. SGROI, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Salvatore J. Modica, J.), dated April 5, 2017. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint.
ORDERED that the order is affirmed, with costs. After the plaintiff's privileges as a staff psychiatrist at the defendant New York–Presbyterian Hospital Queens (hereinafter the hospital) were not extended, the plaintiff commenced this action against, among others, the hospital and various hospital administrators to recover damages for, inter alia, breach of contract and breach of the implied covenant of good faith and fair dealing. The defendants moved pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint. The Supreme Court granted the motion, and the plaintiff appeals.
A motion to dismiss a complaint pursuant to CPLR 3211(a)(1) may be granted only if the documentary evidence submitted utterly refutes the factual allegations of the complaint and conclusively establishes a defense to the causes of action as a matter of law (see Goshen v. Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326, 746 N.Y.S.2d 858, 774 N.E.2d 1190 ; Granada Condominium III Assn. v. Palomino, 78 A.D.3d 996, 996, 913 N.Y.S.2d 668 ). In order for evidence to qualify as documentary, it must be unambiguous, authentic, and undeniable (see Granada Condominium III Assn. v. Palomino, 78 A.D.3d at 996–997, 913 N.Y.S.2d 668 ). The essential elements of a cause of action to recover damages for breach of contract are the existence of a contract, the plaintiff's performance pursuant to the contract, the defendant's breach of its contractual obligations, and damages resulting from the breach (see El–Nahal v. FA Mgt., Inc., 126 A.D.3d 667, 668, 5 N.Y.S.3d 201 ; Dee v. Rakower, 112 A.D.3d 204, 208–209, 976 N.Y.S.2d 470 ). The defendants conclusively established that the medical staff bylaws relied upon by the plaintiff did not constitute a valid contract (see Mason v. Central Suffolk Hosp., 3 N.Y.3d 343, 786 N.Y.S.2d 413, 819 N.E.2d 1029 ; Meyer v. North Shore–Long Is. Jewish Health Sys., Inc., 137 A.D.3d 878, 27 N.Y.S.3d 77 ). Thus, we agree with the Supreme Court's determination to grant dismissal of the cause of action to recover damages for breach of contract pursuant to CPLR 3211(a)(1). Similarly, in the absence of a valid contract, dismissal of the cause of action to recover damages for breach of the implied covenant of good faith and fair dealing was warranted (see Lama Holding Co. v. Smith Barney, 88 N.Y.2d 413, 424, 646 N.Y.S.2d 76, 668 N.E.2d 1370 ; Meyer v. North Shore–Long Island Jewish Health Sys., Inc., 137 A.D.3d 878, 27 N.Y.S.3d 77 ; Amalfitano v. NBTY, Inc., 128 A.D.3d 743, 9 N.Y.S.3d 352 ; Randall's Is. Aquatic Leisure, LLC v. City of New York, 92 A.D.3d 463, 463, 938 N.Y.S.2d 62 ).
The plaintiff's remaining contentions are without merit.
BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.