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MORASKIN v. LATI

2022-04825 Index No. 504573/21.

222 A.D.3d 744 (2023)

201 N.Y.S.3d 213

2023 NY Slip Op 06362

Nicole M. Moraskin, Appellant, et al., Plaintiff, v. Rina Lati, Respondent.

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

Decided December 13, 2023.

Attorney(s) appearing for the Case

Morris Duffy Alonso Faley & Pitcoff, New York, NY ( Iryna S. Krauchanka and Andrea M. Alonso of counsel), for appellant.

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for respondent.

Connolly, J.P., Chambers, Christopher and Warhit, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff Nicole M. Moraskin appeals from an order of the Supreme Court, Kings County (Ingrid Joseph, J.), dated March 30, 2022. The order, insofar as appealed from, denied that plaintiff's motion pursuant to CPLR 3211(a)(5) to dismiss the counterclaim.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the plaintiff...

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