Judge Andrew Tarantino Jr.
Dentist Epakchi sued defendants for $16,243 in unpaid dental bills and more than $6,000 in legal fees. He testified he rendered dental services to defendants from 2001 to 2008, treating Araghi despite her insurance carrier not covering all the charges. Epakchi stated he did not know defendants, but they were family friends and issued them “courtesy discounts.” His office manager, Mayer, confirmed Epakchi’s testimony, but for slight variations, noting a monthly payment plan was made with defendants until the entirety of the bill was paid off, not just $4,500 as Epakchi stated. Araghi contested the testimony, stating insurance reimbursement would be accepted in full satisfaction of services. The court found Araghi’s testimony more credible than either Epakchi’s or Mayer’s, and found Epakchi was barred from any claim for unpaid balances up to October 2002 as barred by the statute of limitations. Also, it noted Epakchi’s conflicting and unclear evidence defeated his arguments, finding the statute of frauds also barred Epakchi’s recovery. Further, the court found the required elements to establish a contract were not proven, ruling there was no meeting of the minds. Thus, the complaint was dismissed.
