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PERCHUK v. PERFECT BODY IMAGE, LLC

2020-08914. Index No. 622753/18.

220 A.D.3d 894 (2023)

198 N.Y.S.3d 562

2023 NY Slip Op 05278

Beth Johnston Perchuk, Appellant, v. Perfect Body Image, LLC, Respondent, et al., Defendants.

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

Decided October 18, 2023.

Attorney(s) appearing for the Case

C.M. Fusco Law Group, P.C., Uniondale, NY (Carlo M. Fusco of counsel), for appellant.

Doreen J. Shindel & Associates, P.C., Selden, NY, for respondent.

Dillon, J.P., Iannacci, Miller and Taylor, JJ., concur.

In an action, inter alia, to recover damages for defamation per se, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Vincent J. Martorana, J.), dated October 9, 2020. The order, insofar as appealed from, granted that branch of the motion of the defendant Perfect Body Image, LLC, which was pursuant to CPLR 3211 (a) to dismiss the second cause of action insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from...

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