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K.T. v. DASH

37 A.D.3d 107 (2006)

827 N.Y.S.2d 112

K.T., Respondent, v. DAMON DASH, Appellant.

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

December 14, 2006.

Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, New York City (Alan E. Sash and Steven J. Hyman of counsel), and Law Offices of Robert I. Kalina, New York City (Robert I. Kalina of counsel), for appellant.

Raoul Lionel Felder, P.C., New York City (Joshua R. Katz, Raoul Lionel Felder, Bettina D. Hindin and Robert C. Hiltzik of counsel), for respondent.

MARLOW, NARDELLI, SWEENY and CATTERSON, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

In this action plaintiff, alleging that defendant raped her while she was unconscious, seeks money damages based upon claims of intentional assault and infliction of emotional distress. The unique conflict of law issue at the heart of the underlying dismissal motion arises from the fact that the incident occurred in Brazil.

On December 31, 2002, the 31-year-old plaintiff, a New York resident, attended a New Year's...

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