NY Hospital Fails to Ditch Contractor’s Anti-Solicitation Claim

A Syracuse, NY, hospital will face a claim that it breached an anti-solicitation clause in its contract with its exclusive anesthesia services provider by trying to hire the provider’s employees, a federal court said.

American Anesthesiology of Syracuse PC adequately alleged that the clause protected its legitimate business interest in retaining its employees, without whom it would go out of business, the US District Court for the Northern District of New York said Monday. The clause’s “reasonableness” rested on the particular facts and circumstances of the case, which had yet to be developed, Chief Judge Brenda K. Sannes said.

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