Gorunkati v Baker Sanders, LLC

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Gorunkati v Baker Sanders, LLC 2017 NY Slip Op 33164(U) April 28, 2017 Supreme Court, Kings County Docket Number: Index No. 510084/2016 Judge: Leon Ruchelsman Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [* 1] FILED: KINGS COUNTY CLERK 05/21/2018 06:34 PM : (FILED DOC. NYSCEF 95 ED.'' ED NYSCEF I KINGS80 NO. KIN DOC . I COUNTY 04/10 CLERK COUNTY S NO. CLERK /2018 05/15/2017 05 ' : 08 11 : 15 INDEX NO. 510084/2016 ..'.i'2 i.".,. RECEIVED NYSCEF: 05/21/2018 PM) 45 RECE I VED At an of the of IAS N P R E S E LEON of the New of April U in and State the for at the at Civic Brooklyn, HON. held Kings, Courthouse. day Court York, of NY53F: i~iY.'i,':i:i'; COMM-8 Part Term, Supreme New County gL .'+ra . ~i' '1''i. '. IVY+- AM) Center, on the York, 28th 2017 T: SMAN RUCHEI Justice SURENDER on of behalf and MD, Individually MEDICAL DIAGNOSTIC, GORUNKATI, RICIIMOND P.C., Plaintiffs, & ORDER DECISION - - against Index BAKER SANDERS. LLC NEUW1RTH, LLC and LLC ASTA & MUHl.STOCK FASS, LBLINY, LLC, SOLUTIONS. SANDERS. BAKER, f/k/a, GROSSMAN, BARSHAY, # 510084/2016 EVOLUTION f/k/a INC. FUNDING, Defendants. The Notice of Motion. of Memorandum this motion: in Support_ __ read numbered1to3 Law on Papers Memorandum Surender Plaintiff. to practice of in New York Numbered I __ in Opposition Affirmation Reply papers lollowing 2 Law Gorunkanti State 3 in Support and (hereinafter has sued plaintiff defendant Baker or Surender) Sanders is a physician et al. (hereinatter licensed defendant -I- 4 1 of I II I if [* 2] FILED: KINGS COUNTY CLERK 05/21/2018 06:34 PM (FILED DOC. : KINGS NYSCEF NO. 80 COUNTY TT'' D:' D INUS COUNTY ''F NYSL'k;k' NYSCEF DOC... NO. 45 or Baker Sanders) concede that dismissed cause Plaintiff should and to dismiss For of Law release, respectively) plaintitis complaint reasons, retained vehicle defendant's fourth timely be made manner. defendants, payments to third Baker Sanders Swift Sanders insurance bills Gelt Funding, remit to the third were Sanders was numerous sent to Baker Funding, LBLINY the payment to him. that releases executed commenced be on (failure causes to state of action. 1' o f action the cause lor malpractice (breach of contract) Baker were not to Baker to remit Sanders insurance and plaintiff that to plaintiff in a companies sent s motor instructing proceeds Sanders Funding. refused by certain Sanders with Baker and Asta paid collected litigations Sanders. to assist and arbitration payment Plaintiff demanded continued to send and to that the parties. Discussion On a motion construed in the light to dismiss most pursuant favorable to CPLR 3211 to the plaintitTand (a) (7), the complaint all allegations must must be liberally be accepted -2- 2 of I a of Facts no fault Baker third to dismiss <>I' of action cause in litigation parties. (a) (7) the case of action to engage Plaintiff and judgments the settlements Bakers companies. should founded (defense R § 3211 motion to dismiss <' parties The for malpractice .. .."-r~ XY' .>'Lk'. NYECL .'<Y E:VED defendants. thirst and Sanders of outstanding insurance payment Baker as CPI on plaintilPs of the T.T,' l). (1) and (5) as well motion it is duplicative and (3) at page § 321 l(a) Findings in the collection <II;, T.-Vu all named for accounting (I) and defendant's because Plaintiff [1; RECEIVED NYSCEF: 05/21/2018 AM) against of action to CPLR the following is denied be granted INDEX NO. 510084/2016 PM 11:15 Memorandum pursuant moves opposes. of action (Reply evidence for accounting ol' of ten causes the causes by the court. of action) ' : 08 05 iŒ for a total Defendant /2018 05/15/2017 CLERK all but documentary 04/10 CLERK I as true. o i> /. /, «. [* 3] FILED: KINGS COUNTY CLERK 05/21/2018 06:34 PM FILED DOC. : KINGS80 NYSCEF NO. N' EÏŸE NYSCEF .' hdS DOC.. CLERK 84 NY2d v Martinez, is whether criterion allegations He also this 4MXE5t:.'.-'.; ncEm.Vaf(;N'Jiff;E AM| I.' t,':.'(' ' PiTE!WD ~ instructing void. of law" motion to dismiss action (malpractice) 6 of the Affirmation construing pursuant the documents to CPLR is duplicative should nor from 3211 of a the 3211 factual Ins. parties. by plaintiff which in Opposition) in the light (a)(1) should fourth cause be dismissed. -3- ot 3 of 4 and that in paragraph Baker 5 8. that Sanders. Based Sanders. where "the 98 NY2d 314, Surender sent 326 contradiction the initial to the Further, (breach (2002). to them sent to defendant, made a establishing is a letter of action (vee defendants). in stark be denied. may (paragraph Ilowever, favorable a Security conclusively of' Co. of NY, which most slated is appropriate the release submitted to third (a) (7) Baker at law A court captioned from factual in the complaint 1le stated. allegations, Life 275. Credit money the sole "lnitially. comers Surender other ?;Y [-f I'E I : cognizable any defects Sanders. Baker v Mutual offered 268. (the companies to CPLR payment 43 NY2d a Revolving to an accounting defendant to mail into its four of action in his affidavit, with plaintiffs See Goshen motion, Sanders (Exhibit Thus, concede refutes utterly 635. 582. cause any companies pursuant is the document documents 17, 2015 is entitled complaint ofa of their Baker I'I' it' if from to remedy funding the factoring 170 AD2d and ~' =4~." ~' NO. 51 ~! ". RECEIVED NYSCEF: 05/21/2018 PM| inc., manifest he entered directives payment plainitff as a matter in support parties 15 v Ginzberg. 633, that from evidence documentary and 11: Mays. by the plaintiff PC and different his testimony, together 40 NY2d Co.. no advances Dismissal defense submitted no-fault executed he received July .Iuly 05 ofaction, Guggenheimer in Opposition) between v.5W a cause taken fail" will Rea|ty of the Affinnation Agreement states which aftidavits v 0rofino Rove//o 83, 87; LoPinto are discerned consider freely these 05/15/2017 the pleading for dismissal motion Here, /2018 INDEX NO. 510084/2016 INDEX 4S NO. upon, 0 4/10 CLERK COUNTY Leon . COUNTY ' : 08 to dated releases null plaintiff. defendant's the third cause of contract) which nt' of the ..-' <" r '.';~; L u >d . ' ~I [* 4] FILED: KINGS COUNTY CLERK 05/21/2018 06:34 PM FILED DOC. : KINGS80 NYSCEF NO. " FI ED NYSQET .' ' pop. COUNTY K INGS NO. CLERK COUNTY 0 4/10/2018 CLERK 05 05/15/2017 : 0 8 11:15 INDEX NO. 510084/2016 NO. 510084/2016 RECEIVED NYSCEF: 05/21/2018 INDEX PM| RECEI AM) 45 18 EF5:1( RECEIVED NYSCEF: 05/'5/2017 Conclusion it is Accordingly, ORDERED. dismiss plaintiff's that first that ORDERED, dismiss plaintiffs This third constitutes defendant cause of Baker action defendant cause the of Decision for and Sander's for motion malpractice Order of the to CPLR pursuant and is denied accounting Baker action motion Sander's 3211 to 3211 to it is; to CPLR pursuant is granted. Court. E N T E R r HON, LEON ItUCHE1 AN J. S. C. ~~ CII + _4. 4 4 of r r r 4 I I

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