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FENSTERSTOCK, P.C. Defeats Motion to Dismiss Action Involving Injectable Opioid Prescriptions; Case Proceeds to Trial

New York, New York–October 7, 2019–Fensterstock, P.C. successfully defeated Defendant Dr. David A. Greuner’s post Note of Issue motion to dismiss in the New York Supreme Court action captioned Liberatore v. Greuner, Index No. 162511/2015.  Defendant’s motion sought, among other things, dismissal of the action or sanctions against Plaintiff.  The Honorable Shlomo S. Hagler denied Defendant’s motion to dismiss the complaint and for sanctions against Plaintiff entirely.

The case involves allegations of fraud by a former patient against her treating doctor concerning the overprescription of injectable opioids, which allegedly cost Plaintiff hundreds of thousands of dollars in payments in the form of cash, credit cards, checks, jewelry, designer clothing, personal belongings, first class plane ticket upgrades to Aspen, and use of Plaintiff’s car to take joyrides with his girlfriend to the Hamptons, which ultimately drove Plaintiff into filing for bankruptcy.  The case will proceed to trial.

About Fensterstock, P.C.

Formed in 2018 by attorney Evan S. Fensterstock, a New York Rising Star business litigator for the last five consecutive years, Fensterstock, P.C. represents clients in complex, commercial litigation and employment matters in trials, appeals, and negotiations on both the plaintiff and defense side in New York state and federal courts, and in arbitration, in cases involving breach of contract, indemnification, breach of fiduciary duty, fraud, non-competition agreements and restrictive covenants, defamation, trade secret misappropriation, shareholder derivative suits, negligence, accounting and legal malpractice, false light invasion of privacy, injunctions, and Sarbanes Oxley whistleblower actions. The Fensterstock name has been respected by the legal community for nearly a century, starting with New York Assistant Attorney General Nathaniel Fensterstock (1916-1988), Evan Fensterstock’s grandfather, who wrote the History of New York Social Welfare Legislation in 1941, and Blair C. Fensterstock (1950-2017), Evan Fensterstock’s late father, a Columbia Law Graduate, Harlan Fiske Stone Scholar, and a Top 100 Business Litigator, known for, among other notable matters, trying cases arising out of the 1993 World Trade Center bombings. For Fensterstock, P.C. News, click here.

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