The defendant's motion to dismiss the causes of action alleging breach of contract and unjust enrichment pursuant to CPLR 3211(a)(7) is granted. The asset purchase agreement constituted a voluntary prospective arrangement for the splitting of fees in violation of the Education Law because it required the defendant to pay the plaintiff a percentage of revenue generated by the plaintiff's practice and, under certain conditions, the defendant's own separate dental practice. A party to an illegal contract cannot ask a court of law to help him carry out an illegal object. Neither can the party plead or prove in any court a case in which setting forth or proving the claim would reveal its illegal purpose.
Advanced Dental of Ardsley, PLLC v. Brown, NY Slip Op 03804 (2d Dep't July 17, 2024)
