G&S Obtains Dismissal of Claim Against Psychiatrist for Fraud and Order Compelling Plaintiff to Amend Complaint to Replace Pseudonym with her True Name – 2011

Plaintiff has alleged that our assured psychiatrist failed to diagnose her condition and mismanaged her transference phenomenon and fraudulently induced her into believing he was helping her and was not charging for his sessions. We moved to dismiss the cause of action for fraud and concealment pursuant to CPLR §3211(a)(7) and also requested an order directing plaintiff to amend the Complaint and replace the pseudonym "Jane Doe" with her true name.

The Court granted our motion finding plaintiff failed to demonstrate an anonymous caption was warranted notwithstanding the private and personal nature of the case. With regard to the fraud claim, the court agreed that it was "a mere regurgitation of the allegations of psychiatric malpractice," and therefore dismissal was warranted and that plaintiff failed to demonstrate the required pecuniary damage necessary for a fraud claim. The Court ordered the plaintiff to amend her Complaint and dismissed the fraud claim albeit with leave to re-plead it.