United States District Court, N.D. New York
For Plaintiff: RAYMOND SCHLATHER, ESQ., DIANE V. BRUNS, ESQ., OF COUNSEL, SCHLATHER STUMBAR PARKS & SALK, LLP, Ithaca, NY.
For Plaintiff: JOHN SCAROLA, ESQ., OF COUNSEL, SEARCY DENNEY SCAROLA, BARNHART & SHIPLEY, P.A., West Palm Beach, FL.
For Defendant: PAUL M. HANRAHAN, ESQ., MAUREEN E. MANEY, ESQ., JANET D. CALLAHAN, ESQ., OF COUNSEL, HANCOCK & ESTABROOK, LLP, Syracuse, NY.
Hon. Glenn T. Suddaby, United States District Judge.
MEMORANDUM-DECISION and ORDER
Currently before the Court, in this breach-of-contract action filed by Dennis Brennan (" Plaintiff" ) against The Roman Catholic Diocese of Syracuse New York, Inc. (" Defendant" ), are Defendant's motion for summary judgment (Dkt. No. 112), and Plaintiff's motion for leave to file a Third Amended Complaint (Dkt. No. 115). For the reasons set forth below, Defendant's motion is granted in part and denied in part, and Plaintiff's motion is denied.
I. RELEVANT BACKGROUND
A. Procedural History
Because this Decision and Order is intended primarily for the review of the parties, the Court will not recite this action's procedural history, which involves, inter alia, the following: (1) a transfer from the Middle District of Florida; (2) the striking of Plaintiff's unauthorized Amended Complaint; (3) the subsequent filing of a motion for leave to file a Second Amended Complaint (which sought to add
a new party and five new causes of action against the Diocese); (4) the amendment of that motion so as to seek leave to file a revised Second Amended Complaint (which retains two of the new five causes of action, deletes the remaining three new causes of action, and adds another new cause of action, and withdraws the addition of a new party); (5) the so-ordered stipulation granting Plaintiff leave to file a further-revised Second Amended Complaint; (6) the filing of that Second Amended Complaint under the name " Revised First Amended Complaint" ; and (7) the granting of Defendants' motion for judgment on the pleadings, dismissing Plaintiff's Third, Fourth and Fifth Causes of Action in his Second Amended Complaint. ( See generally Docket Sheet.)
B. Plaintiff's Causes of Action
Surviving the Court's Decision and Order of January 10, 2012, are the following two causes of action asserted in Plaintiff's Second Amended Complaint: (1) a cause of action for a judgment declaring that Plaintiff is entitled to compensation for losses and expenses that he has incurred, and will continue to incur, related to his medical treatment; and (2) a cause of action for breach of contract based on Defendant's refusal to pay for " reasonable and necessary therapeutic psychological expenses" despite the agreement entered into between the ...