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DOE v. MESIVTHA, INC.

2023-00965, Index No. 520624/21.

2024 NY Slip Op 00615

JOHN DOE, Respondent-Appellant, v. MESIVTHA, INC., ETC., ET AL., Appellants-Respondents, ET AL., Defendants.

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

Decided February 7, 2024.

Attorney(s) appearing for the Case

Catalano Gallardo & Petropoulous, LLP, Jericho, NY ( Ralph A. Catalano of counsel), for appellants-respondents.

The Clancy Law Firm, P.C., New York, NY ( Donna H. Clancy and Lieff Cabraser Heimann & Bernstein, LLP [ Wendy R. Fleishman ], of counsel), for respondent-appellant.

Before: Colleen D. Duffy, J.P., Linda Christopher, William G. Ford, Janice A. Taylor, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for personal injuries, the defendants Mesivtha, Inc., Mordechai Respler, and Yeruchom Pitter appeal, and the plaintiff cross-appeals, from an order of the Supreme Court, Kings County (Laurence L. Love, J.), dated January 6, 2023. The order, insofar as appealed from, denied that branch of those defendants' motion which was pursuant to CPLR 3211(a) to dismiss the first cause of action. The order, insofar...

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