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Ali-Hasan v. Constantino

Dismissal Motion Is Denied; Court Can Rely Only on Allegations Made in Amended Complaint

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SUMMARY ORDER Plaintiff Samer Ali-Hasan, M.D. brings this action alleging tortious interference with contract against defendant Jorge Constantino, M.D. (Am. Compl., Dkt. No. 10.) Pending is Constantino’s motion to dismiss. (Dkt. No. 15.) For the reasons that follow, the motion is denied. Consistent with the standard of review, the facts are drawn from Ali-Hasan’s amended complaint, (Am. Compl.), and presented in the light most favorable to him. Ali-Hasan was a Cardiologist with St. Peter’s Health Partners Medical Associates (SPHPMA), from 2015 until he was terminated, in July 2019. (Id.

7, 18.) Constantino is a noninterventional cardiologist “in the Troy market.” (Id. 8.) Constantino was interviewed in connection with a human resources investigation into Ali-Hasan, and “without basis in fact or any evidence, accused [him] of intentionally harming patients.” (Id. 15.) Constantino “was aware of the contract between [Ali-Hasan] and SPHPMA, but [he] was not a party to that agreement.” (Id. 16.) On July 31, 2019, Ali-Hasan was given written notice from SPHPMA “stating that his contract was terminated without cause effective immediately.” (Id. 18.) In connection with his termination, SPHPMA failed to follow its own protocols, by depriving Ali-Hasan of his “right to be heard,” denying him the ability to “present any countervailing facts” or “comment [on] and defend himself against [the] accusations” against him, failing to consider the “severity” and “circumstances” of Ali-Hasan’s alleged violation, and by holding “no follow-up conferences,” as required by SPHPMA’s by-laws and code of conduct. (Id.

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