FILED: KINGS COUNTY CLERK 07/31/2019 05:39 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 516861/2019
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`RECEIVED NYSCEF: 07/31/2019
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`SUPREME COURT OF THE STATE OF NEW YORK
`KINGS COUNTY
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`WALID KHASS,
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`Plaintiff,
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`Index No.
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` COMPLAINT
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`NEW YORK PRESBYTERIAN
`BROOKLYN METHODIST HOSPITAL,
`DOCTOR. PRAMROD NARULA, MD,
`DOCTOR. BRANDE BROWN, MD.
`SAINT GERORGES’ UNIVERSITY SCHOOL OF MEDICINE,
`DOCTOR RICHARD LLEIBOWITZ, MD.
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`Defendant(s).
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`The Plaintiff, WALID KHASS, by his Attorney, VICTOR M. BROWN, ESQ., complaining of the
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`Defendant(s), alleges as follows, upon information and belief:
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`AS AND FOR A FIRST CAUSE OF ACTION
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`1. That at all times hereinafter mentioned, upon information and belief, Plaintiff is a resident of
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`Kings County and a recent graduate of Saint Georges’ Medical School in Grenada, West Indies,
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`having received his Medical Degree and diploma in June 2019, which is a pre-requisite for
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`commencement of a medical Residency in an accredited hospital.
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`2. At all times hereinafter mentioned, upon information and belief, Defendant NEW YORK
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`PRESBYTERIAN BROOKLYN METHODIST HOSPITAL is a member of the New York-
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`Presbyterian Healthcare System and is located in Kings County, which maintains a Pediatric
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`Department directed by named Defendant(s) and employees DOCTOR PRAMOD NARULA,
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`MD and DOCTOR BRANDE BROWN, the Associate Director of the Pediatric Program at
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`Defendant hospital. Upon information and belief, Defendant NEW YORK PRESBYTERIAN
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`BROOKLYN METHODIST HOSPITAL (hereinafter Hospital) is duly licensed and authorized
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`by the City of New York and the State of New York to treat pediatric patients. Upon further
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`information and belief, Defendant SAINT GERORGE’S UNIVERSITY SCHOOL OF
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`MEDICINE (hereinafter Medical School) is a Medical School accredited in and by the State of
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`FILED: KINGS COUNTY CLERK 07/31/2019 05:39 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 516861/2019
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`RECEIVED NYSCEF: 07/31/2019
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`New York to train students in medicine, operating clinical programs in hospitals in New York
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`City and Kings County. Defendant DOCTOR RICHARD LEIBOWITZ, MD is the Dean of
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`the Medical School and is in charge of disciplining medical students. This action is brought
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`pursuant to New York CPLR Sections 661, 6301, 6315, 6451, 6520, the Constitution of the
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`State of New York and New York Stated Education Law Article 129-1 and CPLR 302.
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`3. Plaintiff alleges, upon information and belief, that prior to graduation from Defendant 0SAINT
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`GEORGES’ UNIVERSITY SCHOOL OF MEDICINE in June 2019, the Plaintiff and the
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`Defendant(s) Hospital both agreed to participate in the National Residency Matching Program
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`(hereinafter NRMP) (see Attached Exhibit), which matches medical school graduates with
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`Hospital’s Residency Programs. NRMP participants agree to be bound by the Match unless
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`one side seeks a Waiver from the NRMP. Upon information and belief, the Plaintiff was
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`interviewed by named Defendants DOCTOR PRAMOD NARULA, MD and DOCTOR
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`BRANDE BROWN, MD on or about October 16, 2018 on behalf of the Defendant Hospital.
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`Plaintiff and Defendant Hospital were “matched” in March 2019, with Plaintiff matching with
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`Defendant’s Pediatric Residency program for a three (3) year residence at Defendant Hospital.
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`Plaintiff was supposed to begin his employment as a Pediatric Resident on or about July 1,
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`2019 earning an annual salary of approximately $70,000.00.
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`4. Plaintiff alleges, upon further information and belief, in February 2017 Plaintiff was informed
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`by Defendant DOCTOR LEIBOWITZ and SAINT GEORGES’ UNITVERSITY SCHOOL
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`OF MEDICINE that Plaintiff had posted “offensive” and anti-Semitic statements on his social
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`media account between the years of 2012 and 2017. Upon information and belief, the Plaintiff
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`met with faculty members of Defendant Medical School and Defendant DOCTOR RICHARD
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`LEIBWITZ, who informed the Plaintiff that he must refrain from making any more offensive
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`statements on social media. The school also contacted its Security personnel, who reported the
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`posts to the Federal Bureau of Investigation (hereinafter the FBI), who subsequently
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`interviewed the Plaintiff and determined that the Plaintiff was not a threat to individuals of
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`FILED: KINGS COUNTY CLERK 07/31/2019 05:39 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 516861/2019
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`RECEIVED NYSCEF: 07/31/2019
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`Jewish decent. The Plaintiff apologized for his actions and explained that the sentiments were
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`made because of the deaths of his family members in Palestine, who upon information and
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`belief, were killed in rocket attacks launched by Israel into Gaza.
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`5. Plaintiff alleges, upon information and belief, in 2019 the same posts were re-posted by an
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`“outing website”, without the Plaintiff’s knowledge or consent, and the posts went viral. As a
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`result of the re-posting the Defendant DOCTOR LEIBOWITZ and Defendant Medical School
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`required Plaintiff to surrender all of his electronic devises for a search by a private investigator
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`hired by Defendant Medical School, upon the threat of expulsion. The Defendant DOCTOR
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`LEIBOWITZ and Defendant Medical School also involuntarily placed the Plaintiff on
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`Administrative Leave and pulled the Plaintiff from clinical rotations, threatening the Plaintiff’s
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`June Graduation date, from which graduation was a pre-requisite to beginning his Residency
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`at Defendant Hospital.
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`6. The Plaintiff was required to retain counsel, filed a Petition against Defendant Medical School
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`under Index Number 505749/2019 in Kings County Supreme Court, which case was assigned
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`to Judge Francois Rivera. The Plaintiff was eventually granted a Disciplinary Hearing by
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`Defendant Medical School, which was held in New York City, after which Defendant Medical
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`School and DOCTOR LEIBOWITZ suspended the Plaintiff for three months, from the date of
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`the issuance of the Decision on the Disciplinary Hearing, which upon information and belief,
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`was April 8, 2019. At the direction of the Court, and as per the Defendant Medical School’s
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`protocols, the Plaintiff appealed his Disciplinary Hearing and Defendant DOCTOR
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`LEIBOWITZ made the suspension retroactive to the date of Plaintiff’s involuntary
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`Administrative Leave period, which upon information and belief, began in February 2019,
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`however Defendant DOCTOR LEIBOWITZ and the Medical School lowered the Plaintiff’s
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`academic ranking from “very strong” to “good”, without stating a reason or cause, and thus
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`negatively impacting the Plaintiff’s ability to obtain future employment. The Plaintiff also
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`FILED: KINGS COUNTY CLERK 07/31/2019 05:39 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 516861/2019
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`RECEIVED NYSCEF: 07/31/2019
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`underwent cultural sensitivity training and wrote a formal letter of apology to the Defendant
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`Medical School.
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`7. Upon further information and belief, Defendant DOCTOR LEIBOWITZ, who upon
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`information and belief, was formerly employed by Defendant NEW YORK PRESBYTERIAN
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`HOSPITAL, improperly informed Defendant NEW YORK PRESBYTERIAN BROOKLYN
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`METHODIST HOSPITAL about the involuntary Administrative leave imposed upon the
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`Plaintiff, which was imposed prior to any Disciplinary Hearing, and in violation of NRMP
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`protocols regarding confidentiality.
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`WHEREFORE,
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`Plaintiff seeks an Order from the Court directing Defendants NEW YORK PRESBYTERIAN
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`BROOKLYN METHODIST HOSPITAL to abide by the agreed upon contract between the
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`Plaintiff and Defendant(s) hospital to immediately allow Plaintiff to begin his Pediatric
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`Residency, and further Order Defendant SAINT GEORGES’ UNIVERSITY SCHOOL OF
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`MEDICINE and Defendant DOCTOR RICHARD LEIBOWITZ, immediately restore
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`Plaintiff’s original academic ranking.
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`AS AND FOR A SECOND CAUSE OF ACTION
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`8. The Plaintiff repeats and realleges each and every allegation contained in Paragraphs One (1)
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`through Seven (7) as if fully set forth at length herein.
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`9. Prior to July 1, 2019 Defendant Hospital attempted to obtain a “waiver” from the NRMP upon
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`its commitment to employ the Plaintiff as a Pediatric resident. This waiver request was denied
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`by the NRMP because the Defendant could not prove it would undergo extreme hardship if the
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`match were not honored. A subsequent appeal of the denial of the waiver was also denied by
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`the NRMP.
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`10. Thereafter, Defendant Hospital, in breach of its contractual duty to the Plaintiff, informed the
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`Plaintiff, through counsel, that the Defendant Hospital did not intend to employ the Plaintiff
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`FILED: KINGS COUNTY CLERK 07/31/2019 05:39 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 516861/2019
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`RECEIVED NYSCEF: 07/31/2019
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`for his residency, at a salary of approximately $70,000 per year for a period of three years, thus
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`preventing the Plaintiff from repayment of his student loans, because of Plaintiff’s exercise of
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`his right to freedom of speech, which is protected by the New York Stare Constitution.
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`WHEREFORE,
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`Plaintiff demands Judgment against the Defendants in the sum of $630,000.00, Dollars,
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`treble damages, with interest thereon from July 1, 2019, together with the costs and disbursements
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`of this action.
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`Dated: July 31, 2019
`New York, NY
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`________/S/_____________
`VICTOR M. BROWN
`Attorney for Plaintiff
`11 Park Place, Suite 1100
`New York, NY 10007
`(212) 227-7373
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