Sadly for plaintiff, her case is now fully dismissed. It was earlier dismissed against her attorney.

  She alleges in Strujan v Head  2013 NY Slip Op 31154(U) May 24, 2013 Supreme Court, New York County Docket Number: 800029/2012 Judge: Eileen A. Rakower that her case arose from : "an incident in September 1997 in which plaintiff alleges she was stuck by a HIV positive needle, while working as a nurse technician at New Yolk University Hospital. Plaintiffs Complaint alleges that she “lost the [Workers’ Compensation]  case for disability and economic loss due to the all [sic] defendants [sic] false affirmation under oath.”   As alleged in the Complaint, Dr. Head was a medical examiner who evaluated Plaintiff on behalf of the insurance carrier, prepared a medical report, and provided testimony at her Worker’s’s Compensation appeal.

Plaintiff alleges that Dr. Head provided false testimony at her proceeding based on his erroneous medical report, and as a result, an adverse Workers’ Compensation determination was rendered against her.  Plaintiff’ s first cause of action alleges “civil conspiracy to commit humiliation,
defamation [sic]” against all defendants, asserting that Dr. Head entered into a conspiracy with other co-defendants in order to “sabotage [her] Worker Compensation case.” Civil conspiracy is not recognized in New York as an independent tort, but may be viable if connected with other actionable torts. (see Alexander & Alexander of New York, Inc. v. Fritzen, 68 NY2d 968 [1986).

To the extent that Plaintiff is asserting civil conspiracy to commit defamation, the claim is time barred by the one year statute of limitations. (CPLR 215(3). The alleged defamatory statements were made in 2009, and Plaintiff did not commence this action until January 2012, after the statute of limitations expired, To the extent that Plaintiff’s civil conspiracy claim is predicated on a fraud, while Plaintiff alleges fraud in her fourth cause of action against Kosovich and Friedman, she does not assert a fraud claim as against Dr. Head.
 

While Plaintiff asserts a breach of contract and a breach of implied covenant of good faith and fair dealing against Dr. Head, there is no allegation of the existence of a contract or contractual relationship between Plaintiff and Dr. Head nor any allegation that Dr. Head promised to obtain a specific result and failed to do so. See generally Forman v. Guardian Life Ins. Co. of America, 2010 6606, “2 [ 1st Dept. 2010); Fredinand v. Crecca & Blair, 5 AD. 3d 538, 539 [2n‘Dept 2004).

Plaintiffs “breach of trust,” “breach of standard of care,” negligence, gross negligence / recklessness, and medical malpractice claims against Dr. Head also failed to state a claim. There are no allegations that Dr. Head provided treatment to Plaintiff, nor has Plaintiff served a certificate of merit along with her complaint, as required by CPLR 30 12-a. Furthermore, any claim for medical malpractice based on Dr. Head’s medical evaluation of Plaintiff in March 2009 would be barred by the 2.5 year statute of limitations that applies to medical malpractice claims, as Plaintiff commenced this action in January 2012, after the statute of limitations had run.

Furthermore, even accepting the allegations as true, the (our corners of the  Complaint also fail to state claim for economic loss, intentional “mental scars and emotional distress”, unlawful trade practice under the Consumer Protection Procedure Act, perjury; and obstruction of justice."