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SEBAGH v. CAPITAL FITNESS, INC.

2019-08257. Index No. 606781/16.

202 A.D.3d 853 (2022)

162 N.Y.S.3d 440

2022 NY Slip Op 00892

Yael Sebagh, Respondent-Appellant, v. Capital Fitness, Inc., et al., Appellants-Respondents.

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

Litchfield Cavo LLP, New York, NY ( Patricia A. Carbone of counsel), for appellants-respondents.

Leahey & Johnson, P.C, New York, NY ( Jason L. Paget , Peter James Johnson, Jr. , Joanne Filiberti , and Gabriel Krausman of counsel), for respondent-appellant.

Duffy, J.P., Miller, Zayas and Genovesi, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's cross motion which were for summary judgment on the issue of liability and dismissing the fourth affirmative defense, and substituting therefor provisions denying those branches of the plaintiff's cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs...

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