The following e-filed documents, listed by NYSCEF document number 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242were read on this application to/for summary judgmentDECISION AND ORDER
*1 Defendant Zyad Kivarkis Younan, M.D. (“Dr. Younan”) seeks an order, pursuant to CPLR 3212, granting him partial summary judgment dismissing all claims asserted by Plaintiff I.M. Operating, LLC d/b/a Scores NY and Robert’s Restaurant (“Scores”) (mot. seq. 005). Plaintiff opposes and seeks an order, pursuant to CPLR 3212, granting it summary judgment on its breach of contract claim and dismissing Defendant’s counterclaims sounding in conversion, negligent supervision, defamation and violations of the Fair Debt Collections Practices Act (the “FDCPA”) (mot. seq. 006). Defendant opposes. The motions are consolidated for disposition.BACKGROUNDThis action arises from a criminal conspiracy in which Karina Pascucci, Marsi Rosen, Samantha Barbash, and Roselyn Keo (collectively, “Third-Party Defendants”) admitted to defrauding victims, including Dr. Younan. In November of 2013, Ms. Pascucci texted Dr. Younan telling him that they had met in 2012 at a New York City restaurant. She told him that her name was “Karina Nikokhosian” and that she was a nursing student who had recently moved to New York (Younan, tr. at 9, 30-31, 33). After a flirtatious exchange, Dr. Younan and Ms. Pascucci agreed to meet for dinner with another couple on November 16.On their first date, Dr. Younan and Ms. Pascucci spent several hours together after the other couple left the restaurant. At Ms. Pascucci’s suggestion, she and Dr. Younan met with Ms. Barbash and Ms. Rosen who were introduced to Dr. Younan as “Kimberly” and “Marsi” and as Ms. Pascucci’s “sister” and “cousin,” respectively (Id. at 40, 41-42, 43). Dr. Younan claims that shortly thereafter his memory became “very fuzzy” and he “didn’t remember the events from dinner and getting back to the hotel” (Id. at 40). His next memory was waking up in the morning
