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MASON v. CENT. SUFFOLK HOSP.

3 N.Y.3d 343 (2004)

819 N.E.2d 1029

786 N.Y.S.2d 413

ROGER MASON, Appellant, v. CENTRAL SUFFOLK HOSPITAL et al., Respondents.

Court of Appeals of the State of New York.

Decided November 18, 2004.

Attorney(s) appearing for the Case

Robert G. Spevack, New York City, and Michael P. Barnes for appellant.

Nixon Peabody LLP, Garden City (Michael S. Cohen, James Fabian and Christopher J. Porzio of counsel), for respondents.

O'Connell and Aronowitz, Albany (Jane Bello Burke and J. Alex Augustin of counsel), for Healthcare Association of New York State, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

In Gelbard v Genesee Hosp. (87 N.Y.2d 691, 698 [1996]), we left open the question "whether a breach of contract action can be predicated on a violation of medical staff bylaws." We now answer that question in part, holding that no action for damages may be based on a violation of medical staff bylaws, unless clear language in the bylaws...

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