United States Second Circuit

Where issues in an action by a psychiatrist, for damages and for reinstatement of medical privileges, are within the traditional realm of judicial competence, the doctrine of primary jurisdiction does not require filing of the complaint with the New York Public Health Council prior to suit in federal court.

Appellate Information

• Decided 07/09/2002
• Published 07/09/2002

Judges

• Before: WALKER, Chief Judge, SACK, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Michael H. Sussman, Law Offices of Michael H. Sussman, Goshen, NY (Stephen Bergstein, on the brief), for Plaintiff-Counter-Defendant-Appellant., Robert J. Farley, Farley, Holohan, Glockner & Toto, LLP, Mineola, NY, for Defendants-Counter-Claimants-Appellees.