The firm successfully represented three gastroenterologists and their related entities in three lawsuits commenced by an anesthesiologist seeking to recover damages in excess of $8,000,000. The plaintiff-anesthesiologist asserted claims for, among other things, wrongful termination and other breaches of an agreement pursuant to which the plaintiff had exclusive rights to perform anesthesia at an ambulatory surgery center (ASC) owned indirectly by the four above individuals through a corporation. In the three lawsuits, which were tried together before the Commercial Division of the Supreme Court, Nassau County, the plaintiff asserted a total of twenty-two (22) separate causes of action, including breach of fiduciary duty, tortious interference with contractual relations, and dissolution, and alleged that the defendants had conspired and fabricated pretexts to oust plaintiff from his contract and his ownership interest in the ASC.
Partners David I. Rosenberg, Esq. and Brett D. Zinner, Esq. represented the defendants, and following an eight (8) day trial, the Court, in a written decision, dismissed all three lawsuits in favor of the defendants. The Court determined that it was the plaintiff who had breached the exclusive anesthesiology agreement by assigning his rights to an outside anesthesiology practice without consent in violation of the agreement. By virtue of plaintiff's breach, the defendants were permitted to redeem plaintiff's interest in the ASC pursuant to a formula set forth in the corporation's shareholder agreement which yielded a purchase price of $0.
