BM&S Partner Sheryl Sanford and Associate Nicole J. Poccia Obtain Dismissal of All Claims Against Recovery Facility Pursuant to CPLR § 3211

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Black Marjieh & Sanford LLP is pleased to announce that Partner Sheryl Sanford and Associate Nicole J. Poccia recently secured dismissal of all claims asserted against the firm’s client, a recovery facility focused on serving community members struggling with addiction.

Plaintiff’s complaint stemmed from her former partner’s involvement with “sex and/or love addiction” meetings hosted by the recovery facility. Plaintiff claimed that the facility’s materials and representations regarding “sex and/or love addiction” were deceptive and medically unrecognized, allegedly causing plaintiff’s former partner to break up with her. As a result, plaintiff claimed she suffered severe emotional trauma.

Sheryl Sanford and Nicole J. Poccia moved to dismiss the action in its entirety pursuant to CPLR § 3211 on the grounds that plaintiff lacked standing and “is attempting to blame an organization whose goal is to help people, for the private and independent decisions of her former partner.” They further argued that the defendant owed no duty to the plaintiff and did not injure the plaintiff in such a way as to warrant relief. The Court agreed and granted the motion to dismiss in its entirety.

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