HPMB’s Motion to Dismiss Nine of Ten Causes of Action Granted in Commercial Litigation Lawsuit


HPM&B moved on behalf of a renowned medical institution. The plaintiff, an orthopedic surgeon affiliated with the defendant hospital, alleged that the defendant wrongfully terminated his employment contract and severely damaged his reputation. HPM&B attorneys Charles L. Bach, Jr. and Jesse Capell filed a motion to dismiss based on documentary evidence, arguing that the plaintiff’s own professional misconduct was the proximate cause of his damages. In her written decision, Justice Linda S. Jamieson, of the Westchester County Supreme Court’s Commercial Division, dismissed all causes of action sounding in breach of contract, breach of the covenant of good faith and fair dealing, fraud, fraudulent inducement, and tortious interference with contract.