Fensterstock & Partners LLP Defeats Defendant’s Appeal of Opioid Case in Unanimous First Department Decision—Plaintiff’s Fraud Allegations Against Defendant David Greuner, M.D. that “Defendant Intentionally Drugged Her In Furtherance of Stealing Money from Her” Moves Forward.

On September 28, 2017, five justices of the Supreme Court, Appellate Division, First Department unanimously affirmed the Supreme Court’s order, entered February 23, 2017, which, denied Defendant David Greuner, M.D.’s motion for summary judgment dismissing plaintiff’s claim for fraud. The First Department held (1) that “plaintiff has standing to bring this action,” (2) that “plaintiff’s claim of fraud is not duplicative of her medical malpractice claims,” as “plaintiff’s fraud claim alleges, not malpractice, but that defendant intentionally drugged her in furtherance of stealing money from her”, and (3) that “the damages sought differ from those that would have been available in the malpractice action.”

 

Evan S. Fensterstock, Partner at Fensterstock & Partners LLP, argued the appeal on behalf of plaintiff.

 

A copy of the First Department’s Decision and Order can be found here.

 

A copy of the Supreme Court’s Order can be found here.

 

The Index number for the case is 162511/2015.

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