C.M. v. SPA 88, LLC

Index No. 158887/19 Appeal No. 1042 Case No. 2023-02755.

222 A.D.3d 436 (2023)

200 N.Y.S.3d 371

2023 NY Slip Op 06315

C.M., Respondent, v. Spa 88, LLC, Appellant.

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

Decided December 7, 2023.


Attorney(s) appearing for the Case

Rutherford & Christie, LLP, New York ( David S. Rutherford of counsel), for appellant.

Harris Keenan & Goldfarb PLLC, New York ( Jason Steinberg of counsel), for respondent.

Concur—Renwick, P.J., Kern, Gesmer, Shulman, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Lori S. Sattler, J.), entered February 16, 2023, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff seeks to recover damages for injuries allegedly sustained when she was sexually assaulted at the spa/bathhouse owned and operated by defendant...

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