Opinion
April 21, 1986
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Order modified, on the law, by, adding thereto a provision searching the record and thereupon granting partial summary judgment to the defendant dismissing the plaintiff's twenty-first cause of action. As so modified, order affirmed, with costs to the defendant.
The plaintiff sought partial summary judgment establishing the defendant's liability with respect to 14 causes of action sounding in defamation, injurious falsehood, interference with prospective economic advantage, interference with contractual relations, prima facie tort, breach of hospital bylaws, and violation of constitutional rights. The defendant's liability allegedly stems from his participation in various meetings which resulted in the suspension of the privileges of the plaintiff, an anesthesiologist, at St. Agnes Hospital in White Plains. To the extent that liability exists on the plaintiff's constitutional claim for wrongful suspension, upon our review of the record, we find that the plaintiff's remedy is against the hospital, not this individual defendant (see, Jacobson v. New York Racing Assn., 33 N.Y.2d 144). The plaintiff's twenty-first cause of action is therefore dismissed. Because issues of fact exist as to the defendant's liability on the remaining causes of action on which he sought partial summary judgment, the relief sought by him was properly denied (see, Zuckerman v. City of New York, 49 N.Y.2d 557). Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.