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WEISZBERGER v. KCM THERAPY

2018-06865. Index No. 3388/13.

189 A.D.3d 1121 (2020)

137 N.Y.S.3d 53

2020 NY Slip Op 07425

Chaya Weiszberger, Respondent, v. KCM Therapy et al., Appellants, et al., Defendants.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Barry McTiernan & Moore LLC, New York, NY ( David H. Schultz of counsel), for appellant KCM Therapy.

Law Offices of Tromello, Fishman & Veloce, New York, NY ( Selma Moy of counsel), for appellant Vitaliy Gonikman.

Lewis Johs Avallone Aviles, LLP, New York, NY ( Thomas A. Rhatigan of counsel), for appellant Theragym, LLC.

Koss & Schonfeld, LLP, New York, NY ( Jacob J. Schindelheim of counsel), for respondent.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ. concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendants Yocheved Jacob and Theragym, LLC, which was for summary judgment dismissing the complaint insofar as asserted against the defendant Theragym, LLC, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill...

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