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MARUCA v. DiGESU

2020-03324. Index No. 606223/19.

207 A.D.3d 713 (2022)

170 N.Y.S.3d 894

2022 NY Slip Op 04719

Denise Maruca, Respondent, v. Robert DiGesu, Defendant, and Susan M. Portelli, Appellant.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson, NY ( Glenn A. Kaminska and Corey Wasserman of counsel), for appellant.

Barros, J.P., Iannacci, Miller and Wooten, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Susan M. Portelli pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against her is granted.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained as the result of an assault by the defendant Robert DiGesu that took place at a house owned by his estranged wife, the defendant Susan M. Portelli. Portelli moved...

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