The following e-filed documents, listed by NYSCEF document number (Motion 006) 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 were read on this motion to/for SUMMARY JUDGMENT. DECISION ORDER ON MOTION Defendant Dr. Bernard Kruger moves, pursuant to CPLR 3212, for summary judgment dismissing the claim for fraud asserted by plaintiff Dr. Kristen O. Healy. For the reasons set forth below, the motion is granted. The facts underlying this action were previously set forth in this court’s decision and order dated May 1, 2023 (NYSCEF Doc. No. 127, Krakowsky affirmation, exhibit 5), with which familiarity is presumed. Briefly, this action arises from defendant’s agreement to sell his medical practice to plaintiff. According to the complaint, the parties’ contract dated October 8, 2018, provided for a form of “revenue sharing” whereby defendant would make monthly commitment payments to plaintiff in exchange for plaintiff providing medical services to defendant’s patients (NYSCEF Doc. No. 126, Krakowsky affirmation, exhibit 4,
15 and 17). The contract based the sale of defendant’s medical practice to plaintiff on a percentage of gross revenues (id., 17). After defendant allegedly breached the contract, plaintiff commenced this action asserting causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, account stated, and fraud. This court granted defendant’s earlier motion for summary judgment dismissing the breach of contract, covenant of good faith and fair dealing, and account stated claims on the ground that fee-splitting agreement between the parties was illegal and unenforceable under Education Law §6509-a and 8 NYCRR 29.1(b)(4) and denied plaintiff’s cross-motion for summary judgment on the account stated cause of action (NYSCEF Doc. No. 127). The sole remaining cause of action pleads a claim for fraud. Plaintiff alleges that defendant promised to make interim commitment payments and to sell his medical practice to plaintiff (NYSCEF Doc. No. 126,
