CARLOS E. RUIZ, M.D., PH.D, Plaintiff-res-ap, v. LENOX HILL HOSPITAL Defendants-Appellants-res

2794. CARLOS E. RUIZ, M.D., PH.D, Plaintiff-res-ap, v. LENOX HILL HOSPITAL Defendants-Appellants-res — Nixon Peabody LLP, Jericho (Christopher G. Gegwich of counsel), for appellants-res — Pryor Cashman LLP, New York (Eric M. Fishman of counsel), for res-res — —Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered on or about April 4, 2016, which, to the extent appealed from as limited by the briefs, denied defendants' motion to dismiss insofar as they sought to dismiss the Labor Law §§ 740 and 741 causes of action, and granted the motion to dismiss insofar as defendants sought dismissal of the declaratory judgment cause of action, unanimously modified, on the law, to grant the motion to dismiss the Labor Law causes of action as against defendant Dr. S. Jacob Scheinerman, and to declare on the declaratory judgment cause of action that plaintiff is not entitled to the severance package set forth in his employment contract or severance agreement unless he executes a general release, and otherwise affirmed, without costs.

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2794. CARLOS E. RUIZ, M.D., PH.D, Plaintiff-res-ap, v. LENOX HILL HOSPITAL Defendants-Appellants-res — Nixon Peabody LLP, Jericho (Christopher G. Gegwich of counsel), for appellants-res — Pryor Cashman LLP, New York (Eric M. Fishman of counsel), for res-res — —Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered on or about April 4, 2016, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss insofar as they sought to dismiss the Labor Law §§ 740 and 741 causes of action, and granted the motion to dismiss insofar as defendants sought dismissal of the declaratory judgment cause of action, unanimously modified, on the law, to grant the motion to dismiss the Labor Law causes of action as against defendant Dr. S. Jacob Scheinerman, and to declare on the declaratory judgment cause of action that plaintiff is not entitled to the severance package set forth in his employment contract or severance agreement unless he executes a general release, and otherwise affirmed, without costs.

Plaintiff alleges that, as soon as he took over as Chair of defendant Lenox Hill Hospital’s Department of Cardiovascular and Thoracic Surgery, Dr. Scheinerman began signing medical procedure reports for procedures which he had neither performed nor witnessed, contrary to the usual practice of having the performing physicians sign those reports. Plaintiff also alleges that, contrary to accepted postoperative protocol that the lead surgeon report the results of a surgical procedure to the patient’s family, Dr. Scheinerman reported the results of a valve implant procedure on which plaintiff had been the lead surgeon. Plaintiff reported Dr. Scheinerman’s actions to Lenox Hill’s human resources department, and he alleges that, because of that report, he was terminated.

CARLOS E. RUIZ, M.D., PH.D, Plaintiff-res-ap, v. LENOX HILL HOSPITAL Defendants-Appellants-res

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