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PEPENELLA v. BRUMAR DAY SPA CORP.

2015-12695, Index No. 703924/13.

143 A.D.3d 876 (2016)

2016 NY Slip Op 06813

39 N.Y.S.3d 231

ROSELLA PEPENELLA, Appellant, v. BRUMAR DAY SPA CORP., Doing Business as OASIS DAY SPA, Respondent.

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

Decided October 19, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained when she was receiving massage therapy. The defendant moved, inter alia, pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred. The Supreme Court, among other things, granted that branch of the defendant's motion.

"On a motion pursuant to CPLR 3211 (a) (5) to dismiss a...

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