SCRANTON — A group of urologists is suing Delta Medix PC, Margo Opsasnick, Kristine Kelly, James Roche, Mark Fratalli, Anthony Brutico, Keith Pritchyk, Terrence Lenahan, Daniel Brown, and Donald Preate Jr., multi-disciplinary physician group and its non-urologist physicians, citing alleged breach of fiduciary duty, unjust enrichment and civil conspiracy.
Ira J. Kohn, Jerald B. Gilbert, James Stefanelli, Robert Ramey and Brian Kapp filed a complaint on Aug. 27 in the Court of Common Pleas of Lackawanna County against the defendants, alleging they incurred multimillion-dollar debt and other obligations, wasted company assets, and wrongfully enriched themselves at the expense of the plaintiffs.
According to the complaint, the plaintiffs allege that between 2010 and June 2018, Ira J. Kohn, et al, provided services, capital, labor, funds, assets and/or other resources to Delta but has been deprived of their rightful interest as shareholders and employees.
The plaintiffs hold Delta Medix PC, Margo Opsasnick, Kristine Kelly, James Roche, Mark Fratalli, Anthony Brutico, Keith Pritchyk, Terrence Lenahan, Daniel Brown, and Donald Preate Jr. responsible because the defendants allegedly breached their fiduciary obligations to the plaintiffs by deceptively squeezing them out of Delta so that the defendants could seize plaintiffs' equity interest in Delta.
The plaintiffs seek an order approving the winding up and dissolution of Delta and appointing a liquidating receiver to collect, liquidate and properly dispose of the assets, an order compelling an equitable buyout of plaintiff's interest in Delta, compensatory damages, punitive damages and all other relief the court finds just and proper. They are represented by Joseph Wright, George Reihner and Danielle Mulcahey of Wright, Reihner & Mulcahey in Scranton.
Court of Common Pleas of Lackawanna County Case No. is 18-CV-5178.