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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Healthcare

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Law Firm’s Failure to File Notice of Appeal in Coverage Action Not Malpractice Where Insured’s Underlying Losses Were Not Covered under Policy

Posted in Declaratory Judgment, Healthcare, Insurance, Legal, Malpractice, Oing, Jeffrey K., Unjust Enrichment

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.

Notifying Bondholders of a Bond Redemption is Not the Same As Actually Redeeming Bonds

Posted in Healthcare, Kornreich, Shirley Werner, Motion to Dismiss, New York

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

Fair Market Value and Financial Analysis Reports Requested and Paid For by Third Party-Sellers, and Not Signed by Defendant, Do Not Give Rise to a Contract or Fiduciary Duty Between Plaintiff-Purchaser and Defendant-Business Appraiser

Posted in 7th District, Breach of Contract, Breach of Fiduciary Duty, Healthcare, Motion to Dismiss, Rosenbaum, Matthew A.

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.

Admissibility of Original Pleading as an Informal Judicial Admission Precludes Finding of Prejudice for Purposes of Denying Motion for Leave to Amend

Posted in Declaratory Judgment, Demarest, Carolyn E., Healthcare, Kings, Motion to Amend, Motion to Dismiss, Shareholder Dispute

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. 

City Barred from Seeking Medicaid Reimbursement from Trustee Where Claims Should Have Been Raised in Prior Accounting Proceeding

Posted in Breach of Contract, Breach of Fiduciary Duty, CPLR 2221, Fraud, Healthcare, Motion to Dismiss, New York, Ramos, Charles E.

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

Workers’ Compensation Self-Insurance Trust States Claim Against Former Members for Unpaid Loss Adjustments

Posted in Albany, Breach of Contract, Fiduciary Duty, Healthcare, Motion to Dismiss, Platkin, Richard

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

Dental Office Purchaser Fails to Establish Claims of Fraud and Breach against Seller on Summary Judgment

Posted in Fraud, Healthcare, Promissory Note, Rescission, Suffolk, Summary Judgment, Whelan, Thomas

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

Defendants’ Failure to Address Release in Opposition to Summary Judgment Cannot Support Motion to Reargue or Renew

Posted in Breach of Fiduciary Duty, Healthcare, Suffolk, Summary Judgment, Whelan, Thomas

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

Buyer of Nursing Home Not Entitled to Offset Payments Admittedly Owed to Plaintiff Creditor Against Alleged Closing Adjustments

Posted in Albany, Healthcare, Platkin, Richard, Summary Judgment

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

Judgment Debtor LLC’s Conveyance of Assets to Its Members, Rendering Itself Insolvent, Violates Debtor and Creditor Law

Posted in Fraudulent Conveyance, Healthcare, Pines, Emily, Suffolk, Summary Judgment

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

Court Dismisses Cryonics Organization’s Defamation Suit Against Publisher of Book: “Frozen: A True Story, My Journey Into the World of Cryonics, Deception, and Death”

Posted in Aiding and Abetting, Healthcare, New York, Sherwood, O. Peter, Summary Judgment

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

Conclusory Alter Ego Allegations Not Enough to Pierce Corporate Veil: Weaver v Principal Diagnostics, Inc.

Posted in Breach of Contract, CPLR 3211, Healthcare, Motion to Dismiss, Personal Jurisdiction, Piercing Corporate Veil, Pines, Emily, Suffolk

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

Plaintiff Can’t Duplicate Breach of Contract Claims as Business Torts: J.K. Dental Lab Servs., Inc. v. Manno

Posted in Breach of Contract, Breach of Fiduciary Duty, Healthcare, Kornreich, Shirley Werner, New York, Summary Judgment, Tortious Interference with Business Relations

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

Turnover Ordered Based on Judgment-Debtor’s Fraudulent Transfer to Alter-Ego: Cardinal Health 414 LLC v US Heartcare Mgt, Inc.

Posted in Collateral Estoppel, Fraud, Healthcare, Order to Show Cause, Piercing Corporate Veil, Pines, Emily, Suffolk, Summary Judgment

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

Special Referee to Decide if Subpoena Served on Opposing Counsel Can Stand: Teplitsky v Karian

Posted in Derivative Actions, DeStefano, Vito M., Discovery, Dissolution, Healthcare, Nassau, Subpoena

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

Plaintiff Entitled to Summary Judgment Where Defendants Altogether Failed to Oppose Incriminating Evidence with Contrary Facts: South Shore Neurologic Assoc., P.C. v Mobile Health Mgt. Servs., Inc.

Posted in CPLR 3212, Healthcare, Pines, Emily, Suffolk, Summary Judgment

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

Plaintiff’s Complaint Dismissed for Lack of Standing Due to Bond Indenture’s No-Action Clause: Emmet & Co. v Catholic Health E.

Posted in Breach of Contract, Breach of Fiduciary Duty, Financial services, Healthcare, Kornreich, Shirley Werner, Motion to Dismiss, New York, Tortious Interference With Contract

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

Court Applies Law of the Case to Preclude Plaintiffs from Establishing Damages for Wrongful Eviction: Falk v Gallo

Posted in Breach of Contract, Conversion, CPLR 3212, Driscoll, Timothy, Healthcare, Nassau, Summary Judgment, Tortious Interference With Contract

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

Court Permits Plaintiffs to Conduct Limited Discovery Concerning Class Certification and Allows Action to Proceed Over Objections to Commonality of Proposed Class: Kodirov v Community Home Care Referral Serv., Inc.

Posted in Class Action, CPLR 3211, Demarest, Carolyn E., Discovery, Healthcare, Kings, Motion to Compel Discovery, Motion to Dismiss

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

Court Finds that Claims Fail on the Merits, Not due to Jurisdiction: Tudeme v Walters

Posted in Breach of Contract, Healthcare, Motion to Amend, Motion to Dismiss, New York, Personal Jurisdiction, Piercing Corporate Veil, Ramos, Charles E.

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

Convenience of Material Witnesses Best Served by Change of Venue to Suffolk County: Long Island Orthotics & Prosthetics v A Step Ahead Prosthetics

Posted in Driscoll, Timothy, Healthcare, Nassau

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