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CENSKI v. MADISON THERAPY

190 Misc.2d 547 (2002)

740 N.Y.S.2d 573

KAREN CENSKI, Plaintiff, v. MADISON AVENUE PHYSICAL THERAPY, P.C., et al., Defendants.

Supreme Court, New York County.

February 19, 2002.

Attorney(s) appearing for the Case

L'Abbate, Balkan, Colavita & Contini, LLP (Michele G. Levin of counsel), for Madison Avenue Physical Therapy, P.C., defendant.

Peter P. Traub for plaintiff.

OPINION OF THE COURT

EILEEN BRANSTEN, J.

Motion Nos. 3 and 4 on the court's September 25, 2001 calendar are consolidated for disposition. In motion No. 3, defendant Madison Avenue Physical Therapy, P.C. (Madison Avenue) moves to dismiss the action as against it, on the grounds that, as a matter of law, plaintiff Karen Censki (Censki) cannot establish that Madison Avenue departed from good and acceptable physical...

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