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Case Results

Counterclaim Dismissed Against Our Medical Provider Client

April 2020

In this case we filed lawsuit against a defendant on behalf of a hospital. The defendant responded by filing a counterclaim against the medical provider alleging various claims and seeking a minimum of $20,000 in damages for "unjust enrichment" and "deceptive business practices." Our office took an educated and calculated risk not to respond to the counterclaim. We did this because in our professional opinion, the counterclaim did not allege sufficient facts on its face to make out a claim (meaning that the defendant did not provide any facts to support his argument and lawsuit). 

After 1 year elapsed, the Defendant lost his ability to enter a default judgment (CPLR 3215[c]). As a result, we asked the court to dismiss his counterclaim as abandoned. The court granted the relief and the counterclaim against the hospital was dismissed.

Practice area(s): Civil Litigation

Arnold A. Arpino

Managing Shareholder focusing on Creditor's Rights, Real Estate, & Non-Taxable Estate Planning.

Litigation for when you need us, intelligent counseling so you won't.

Arnold A. Arpino & Associates, P.C., is a full service law firm that represents individuals and businesses in a variety of different practice areas. Our firm regularly appears in the Courts throughout Long Island, New York City, and the Hudson Valley.

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