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COMPLAINT ALLEGING BREACH OF A CONTRACT TO PROVIDE MEDICAL SERVICES PROPERLY DISMISSED FOR FAILURE TO STATE A CAUSE OF ACTION (SECOND DEPT).

The Second Department determined plaintiff’s breach of contract action in this medical malpractice case was properly dismissed for failure to state a cause of action:

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… [A] cause of action to recover damages for breach of contract to provide medical services “will withstand a test to its legal sufficiency only where it is based upon an express special promise to effect a cure or to accomplish some definite result”… . Here, the plaintiff’s allegations, even supplemented by her affidavit submitted in opposition to the defendants’ motion to dismiss the complaint, failed to state a cause of action to recover damages for breach of contract to provide medical services. The plaintiff’s allegations as to the formation and terms of any alleged contract are vague and entirely conclusory. Moreover, the alleged damages, which are in the nature of pain and suffering, are not recoverable in a cause of action to recover damages for breach of contract to provide medical services … . Detringo v South Is. Family Med., LLC, 2018 NY Slip Op 00821, Second Dept 2-7-18

CONTRACT LAW (MEDICAL MALPRACTICE, COMPLAINT ALLEGING BREACH OF A CONTRACT TO PROVIDE MEDICAL SERVICES PROPERLY DISMISSED FOR FAILURE TO STATE A CAUSE OF ACTION (SECOND DEPT))/MEDICAL MALPRACTICE (CONTRACT LAW, COMPLAINT ALLEGING BREACH OF A CONTRACT TO PROVIDE MEDICAL SERVICES PROPERLY DISMISSED FOR FAILURE TO STATE A CAUSE OF ACTION (SECOND DEPT))

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