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KUZMIN v. VISITING NURSE SERVICE OF NEW YORK

22 A.D.3d 643 (2005)

804 N.Y.S.2d 352

TATIANA KUZMIN, Appellant, v. VISITING NURSE SERVICE OF NEW YORK et al., Defendants, and OLEG BERETSKY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 17, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and the causes of action to recover damages for assault and battery asserted in the amended complaint are reinstated insofar as asserted against Oleg Beretsky.

Although actions should be resolved on the merits wherever possible (see Cruzatti v. St. Mary's Hosp., 193 A.D.2d 579, 580 [1993]), a court may, inter alia...

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