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BAJANOV v. GROSSMAN

36 A.D.3d 572 (2007)

830 N.Y.S.2d 171

MARINA BAJANOV, Respondent, v. LEONARD GROSSMAN et al., Appellants.

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

Decided January 9, 2007.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and those branches of the motion which were for leave to amend the answer to assert the affirmative defense of lack of capacity to sue and to dismiss the complaint pursuant to CPLR 3211 (a) (3) are granted, and the motion is otherwise denied as academic.

On May 30, 2001 the defendant Leonard Grossman performed cosmetic surgery upon...

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