TUTTLE v. COACH NAIL SALON, INC.


29 A.D.3d 981 (2006)

815 N.Y.S.2d 476

CAROLYN TUTTLE, Respondent, v. COACH NAIL SALON, INC., Appellant.

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

May 30, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff alleged that she contracted the herpes simplex virus during an eyebrow waxing procedure that was performed at the defendant's premises. She commenced the instant action to recover damages for her alleged injuries. The defendant moved for summary judgment dismissing the complaint. The Supreme Court denied the defendant's motion.

In support of its motion for summary judgment dismissing the complaint...

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