In a decision dated December 30, 2015, the Appellate Division, First Department affirmed an order from the New York County Commercial Division granting defendant-law firm’s motion to dismiss plaintiff-health care provider’s malpractice action.
In an October 23, 2015 Commercial Division decision by Justice Ramos, the court denied a proposed settlement in a consolidated class action.
In an August 25, 2015 Commercial Division decision by Justice Kornreich, the court denied defendant Catholic Health East’s (“CHE’s”) motion to dismiss a cause of action for breach of contract, and granted plaintiffs Emmet & Co., Inc.’s and First Manhattan Co.’s, Individually, and on Behalf of a Class of Similarly Situated Persons (“Emmet’s”) partial summary… Continue Reading
In an August 27, 2015 Commercial Division decision by Justice Rosenbaum, the court granted the defendants’ motion to dismiss the complaint based on the defenses of documentary evidence and failure to state a cause of action.
In a July 21, 2015, Kings County Commercial Division decision by Justice Demarest, the court granted plaintiff’s cross-motion to amend his complaint under CPLR 3025 and to disqualify defendant’s counsel under Rule 1.9 of the Rules of Professional Conduct.
In a June 8, 2015 Commercial Division decision by Justice Emerson, the court granted plaintiff’s motion to discontinue the action without prejudice.
In a March 27, 2015, Commercial Division decision by Justice Ramos, the court denied a motion by plaintiff NYC Dept. of Social Services to reargue defendant-trustee’s motion to dismiss for res judicata purposes. The case arose out of an underlying medical malpractice action involving the treatment of defendant’s son at New York Presbyterian Hospital. The… Continue Reading
In a December 5, 2014 Commercial Division decision by Justice Platkin, the court resolved the parties cross-motions to dismiss counterclaims and third-party complaints. The parties. Plaintiff NYASHA Services, Inc Self-Insurance Trust (“Trust”) was a trust formed pursuant to the Workers’ Compensation Law. Its members were employers in the home healthcare industry. In 1999, the Trust… Continue Reading
In a September 26, 2014 Commercial Division decision by Justice Whelan, the court granted in part a motion for summary judgment by the defendants, sellers of a dental practice to Plaintiff, a dental professional corporation. Plaintiff purchased a dental practice from the defendants and later argued that defendants breached certain of their obligations under the… Continue Reading
In a September 16, 2014 Commercial Division decision by Justice Demarest, the court granted Plaintiffs’ renewed motion for class certification, following its earlier denial of the motion without prejudice to renew following discovery as to whether the requirements for class certification were satisfied.
In an August 15, 2014 Commercial Division decision by Justice Whelan, the court denied defendants’ motion for leave to reargue or for renewal of plaintiff’s prior motion for partial summary judgment. Plaintiff alleged that the individual Defendant physicians, former employees of Plaintiff, established a pediatric medical practice that competed with plaintiff’s practice in violation of… Continue Reading
In a June 27 Commercial Division decision by Justice Platkin, the court granted the motion of Plaintiff, a senior lender, for summary judgment on its complaint and dismissing the counterclaims of Defendant purchaser of the debtor. Prior to the closing of the sale, Defendant executed a release in favor of Plaintiff. Defendant alleged that Plaintiff… Continue Reading
In an July 21, 2014 Commercial Division decision by Justice Pines, the court granted Plaintiff’s motion for summary judgment, and denied Defendants’ cross-motion for summary judgment on the same claims. One of the defendants, an LLC, was a judgment debtor of Plaintiff following a jury trial, in an amount exceeding $300,000. Prior to the judgments,… Continue Reading
In a May 1, 2014 decision by Justice Sherwood, the Commercial Division granted defendants’ motions for summary judgment, and dismissed the third amended complaint in a case brought by Alcor Life Extension Foundation (“Alcor”),a non-profit organization engaged in the practice of cryonics, against the authors and publisher of a book entitled, “Frozen: A True Story,… Continue Reading
In a May 14, 2013, decision by Justice Pines, the court granted defendants’ motion to dismiss plaintiff’s complaint seeking to pierce the corporate veil. Plaintiff entered into an agreement to provide services as an account executive with the defendant corporation and sought to recover $70,000 in allegedly unpaid wages, salaries, and commissions. Plaintiff asserted claims… Continue Reading
In a February 8, 2013 decision by Justice Kornreich, the court granted the defendant summary judgment dismissing a number of business tort claims which the court found duplicative of plaintiffs’ breach of contract claims. The court also awarded one of the defendants partial summary judgment on some of his claims. The parties’ dispute arose from… Continue Reading
In a February 13, 2013 decision by Justice Pines, the court granted in part the petitioner’s (“Cardinal”) motion in this special proceeding pursuant to CPLR §§ 5225 and 5227. In a prior proceeding, Cardinal obtained a money judgment against the respondent US Heartcare (“Heartcare”). Cardinal argued that after it had obtained summary judgment, but prior… Continue Reading
In an October 5, 2012 decision by Justice DeStefano in combined derivative and dissolution cases involving two 50% shareholders of a health care corporation, the court addressed the defendant’s motions to renew and reargue several prior orders concerning subpoenas that were served by both parties. First, the court granted the defendant’s motion to reargue his… Continue Reading
In a November 20, 2012, decision by Justice Pines, the court granted plaintiff’s motion to confirm and adopt the Report and Recommendation of a court-appointed Special Referee, which found that certain agreements entered into by the parties, consisting of both physicians and non-physicians, constituted unlawful fee-splitting arrangements under the New York State Education Law. Plaintiff,… Continue Reading
In a September 25, 2012 decision by Justice Kornreich, the Court granted the defendants’ motions to dismiss. The case arose out of tax-exempt municipal bonds (the “Bonds”) that were issued to finance hospital systems. Plaintiffs, who were bondholders, objected to and attempted to stop the defendant Catholic Health, who was acting on the advice of… Continue Reading
In an April 3, 2012, decision by Justice Driscoll, the court granted defendants’ motion for summary judgment dismissing plaintiffs’ complaint. Plaintiffs sued defendants to recover damages resulting from an alleged breach of an oral agreement involving the use of premises to provide medical services, asserting claims sounding in wrongful eviction, breach of contract, conversion, tortious… Continue Reading
In a May 8, 2012, decision by Justice Demarest, the court denied defendant’s motion to dismiss and granted plaintiffs’ motion to compel discovery. Plaintiffs brought a wage-and-hour action on behalf of a proposed class of home health care workers. Defendant-employer moved to dismiss, claiming that it did not violate any provisions of New York’s Labor… Continue Reading
In an April 24, 2012 decision by Justice Ramos, the court granted the individual and corporate defendants’ motion to dismiss certain the causes of action of the amended complaint for breach of contract and piercing the corporate veil. The court rejected the defendants’ argument dismissal was warranted due to the technical errors in the filing… Continue Reading
In a March 27, 2012 decision by Justice Driscoll, the court granted the defendants’ motion pursuant to CPLR 510(3) to change the venue of the action to the Supreme Court of Suffolk County, based upon the convenience of material witnesses. The case arose out of the defendants’ alleged unauthorized acquisition of the plaintiffs’ confidential patient… Continue Reading