SPRUCK v. POLLACK

2018-13394. Index No. 60571/17.

190 A.D.3d 875 (2021)

136 N.Y.S.3d 759

2021 NY Slip Op 00321

Jennifer Spruck, Appellant, v. Jennifer Pollack et al., Respondents.

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

Decided January 20, 2021.


Attorney(s) appearing for the Case

Vozza & Huguenot (Diamond & Diamond, LLC, Brooklyn, NY [ Stuart Diamond ], of counsel), for appellant.

White Werbel & Fino, LLP, New York, NY ( Matthew I. Toker of counsel), for respondents.

Mastro, A.P.J., Chambers, Iannacci and Wooten, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured while participating in a rehearsal of a choreographed dance when she was kicked in the head by another dancer. She commenced this action to recover damages for her injuries against the defendant Academy of Dance Arts, Inc. (hereinafter the Academy), where she took dance lessons, and its director, the defendant Jennifer Pollack. The defendants moved for summary judgment dismissing the...

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