Firm Wins Motion to Dismiss Action for Breach of Contract, Unjust Enrichment, Quantum Meruit, and Fraud


John Brickman and Brian Grieco of the firm’s litigation group won dismissal of an action against our physician client, who was sued for $2 million by a medical provider. The plaintiff asserted causes of action for breach of contract, unjust enrichment, quantum meruit, and fraud against our client, another individual physician, and three entities.

In 101 Imaging LLC v. D.R. Rossi, M.D., P.C., et al. (Index No. 601008/14), Justice Timothy S. Driscoll of the Nassau County Supreme Court, Commercial Division, dismissed all of the causes of action against our client. The court dismissed the breach of contract claim against our client after its review of the plaintiff’s prior judicial admissions that we brought to its attention, which demonstrated that our client was not a party to the contract at issue. The court also agreed with us and dismissed the unjust enrichment and quantum meruit claims since the plaintiff did not allege that our client accepted any services from the plaintiff. Lastly, the court dismissed the fraud claims as the plaintiff failed to allege fraud with sufficient particularity. The action will go forward against the entity defendants that are represented by other counsel, but not as against our individual client.

Mr. Brickman, head of the firm’s litigation group, and Mr. Grieco, counsel to the firm, handled the case. The firm’s litigators regularly handle disputes involving physicians, medical practices, and their contract parties.