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DONOVAN v. ROTHMAN

302 A.D.2d 238 (2003)

756 N.Y.S.2d 514

CARMEL N. DONOVAN et al., Individually and as Shareholders of LH RADIOLOGISTS, P.C., Appellants-Respondents, v. LEWIS ROTHMAN et al., Appellants, and LENOX HILL HOSPITAL, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 13, 2003.

The court properly concluded that plaintiffs' claim against the Hospital, pleaded in the sixth cause of action, to recover payments made by LHR to the Hospital pursuant to a certain supplemental agreement between the Hospital and LHR is barred by the doctrine of in pari delicto (see McConnell v Commonwealth Pictures Corp., 7 N.Y.2d 465, 469; Sachs v Saloshin, 138 A.D.2d 586; Ford v Henry...

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