Genovese v. Gambino

• Decision Date: 20 October 2003
• Citation: Genovese v. Gambino, 309 AD2d 832, 766 N.Y.S.2d 213 (N.Y. App. Div. 2003)
• Parties: CARMEL GENOVESE, Respondent, et al., Plaintiff,<BR>v.<BR>ANTHONY T. GAMBINO et al., Appellants, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

309 A.D.2d 832

766 N.Y.S.2d 213

CARMEL GENOVESE, Respondent, et al., Plaintiff,

v.ANTHONY T. GAMBINO et al., Appellants, et al., Defendants.

Decided October 20, 2003.

Altman, J.P., Krausman, Goldstein and Luciano, JJ., concur.

Ordered that the appeal from so much of the order dated July 25, 2002, as denied that branch of the motion which was for summary judgment dismissing so much of the third cause of action as alleges breach of contract for failure to return patient records is dismissed, without costs or disbursements, as that part of the order was superseded by so much of the order dated November 13, 2002, as was made upon renewal; and it is further,

Ordered that the appeal from so much of the order dated November 13, 2002, as denied that branch of the motion which was for reargument is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated July 25, 2002, is reversed insofar as reviewed, on the law, without costs or disbursements, and that branch of the motion which was for summary judgment dismissing so much of the third cause of action as alleged wrongful termination of employment is granted; and it is further,

Ordered that the appeal from so much of the order dated November 13, 2002, as, upon renewal, adhered to so much of the order dated July 25, 2002, as denied that branch of the prior motion which was for summary judgment dismissing so much of the third cause of action as alleged wrongful termination of employment is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order dated November 13, 2002, is affirmed insofar as reviewed, without costs or disbursements.

In 1993 the plaintiff Carmel Genovese, a cardiologist, entered into an employment agreement with Nassau Cardiovascular, P.C.,...