ADAM BROOK, M.D., PH.D. plf-ap, v. PECONIC BAY MEDICAL CENTER def-res, JOHN DOES #1-5, def

4453. ADAM BROOK, M.D., PH.D. plf-ap, v. PECONIC BAY MEDICAL CENTER def-res, JOHN DOES #1-5, def — ADAM BROOK, M.D., APPELLANT PRO SE. Schwartz & Thomashower LLP, New York (William Thomashower of counsel), for Adam Brook, M.D., Ph.D., P.L.L.C., ap — Garfunkel Wild, P.C., Great Neck (Lauren M. Levine of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered October 18, 2016, which, insofar as appealed from as limited by the briefs, granted defendants' motion to dismiss the complaint to the extent of dismissing the first, second, fourth, seventh, eighth, ninth, and tenth causes of action, and portions of the third, fifth, and sixth causes of action, unanimously modified, on the law, to deny defendants' motion to dismiss the first and ninth causes of action, and except to the extent indicated herein, to deny the motion to dismiss the third, fifth, and sixth causes of action, and otherwise affirmed, without costs.

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4453. ADAM BROOK, M.D., PH.D. plf-ap, v. PECONIC BAY MEDICAL CENTER def-res, JOHN DOES #1-5, def — ADAM BROOK, M.D., APPELLANT PRO SE. Schwartz & Thomashower LLP, New York (William Thomashower of counsel), for Adam Brook, M.D., Ph.D., P.L.L.C., ap — Garfunkel Wild, P.C., Great Neck (Lauren M. Levine of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered October 18, 2016, which, insofar as appealed from as limited by the briefs, granted defendants’ motion to dismiss the complaint to the extent of dismissing the first, second, fourth, seventh, eighth, ninth, and tenth causes of action, and portions of the third, fifth, and sixth causes of action, unanimously modified, on the law, to deny defendants’ motion to dismiss the first and ninth causes of action, and except to the extent indicated herein, to deny the motion to dismiss the third, fifth, and sixth causes of action, and otherwise affirmed, without costs.

Plaintiff Dr. Adam Brook, a cardiothoracic and general surgeon, seeks damages and equitable and declaratory relief against his former employer, defendant Peconic Bay Medical Center (PBMC), and a number of its employees, in connection with PBMC’s filing of an Adverse Action Report (AAR) with the National Practitioner Data Bank (NPDB) in connection with an October 2, 2009 laparoscopic appendectomy during which Dr. Brook removed part of a patient’s fallopian tube. The AAR states that Dr. Brook resigned from PBMC while under, or to avoid, investigation relating to professional competence or conduct. Dr. Brook asserts that he resigned after being fraudulently assured that he was not, and would not be placed, under investigation.

ADAM BROOK, M.D., PH.D. plf-ap, v. PECONIC BAY MEDICAL CENTER def-res, JOHN DOES #1-5, def

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