Ades et al v. 57th Street Laser Cosmetica, LLC et al
| Cynthia Ades and Abdo Ades |
| 57th Street Laser Cosmetica, LLC, The Bloch Group, LLC, Ryan Bloch, Leslie Nesbitt, Joshua Fink and John Does 1 though 10 |
| 1:2011cv08800 |
| December 2, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Katherine B. Forrest |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
71
MEMORANDUM AND ORDER re: 38 MOTION for Summary Judgment filed by Cynthia Ades, 43 MOTION for Summary Judgment on behalf of defendants filed by 57th Street Laser Cosmetica, LLC. Cynthia Ades (Ades) and Abdo Ades commenced this action for damages arising out of the defendants laser treatment of Ades. Ades alleges that, on November 3, 2011, she underwent a laser procedure known as a photo facial and skin rejuvenation treatment to lighten freckles and remove sunspots from her face and chest. Th e treatment was performed by LeslieNesbitt (Nesbitt), who used a Cutera hand-held laser. Ades asserts that, upon the application of the laser to her, she developed welts, and the skin over her face and body began to bubble, she became dizzy, nauseous and started sweating profusely. According to Ades, as a result of the laser treatment administered by the defendants, she sustained severe burns. Ades has asserted the following claims: (1) negligence and gross negligence; (2) a violation of New Yor kEducation Law 6512; (3) negligence per se; (4) intentional tort; (5) deceptive practices under New York General Business Law (GBL) 349; (6) breach of contract; and (7) fraud in the inducement. Adess spouse, Abdo Ades, has asserted a loss of consorti um claim. Before the Court are: (a) the plaintiffs motion for summary judgment and for sanctions, including a default judgment, for furnishing false and fabricated evidence in discovery; and (b) thedefendants motion for partial summary judgment, purs uant to Rule 56 of the Federal Rules of Civil Procedure. For the foregoing reasons: (1) the part of the plaintiffs motion seeking summary judgment, Docket Entry No. 38, is denied; (2) the part of the plaintiffs motion seeking sanctions, DocketEntry No. 38, is granted; (3) the defendants motion for summary judgment, Docket Entry No. 43, is denied; and (4) Nesbitt's conduct at her deposition is being referred to the United States Attorney's Office for investigation, as explained above. Motions terminated: 43 MOTION for Summary Judgment on behalf of defendants filed by 57th Street Laser Cosmetica, LLC, 38 MOTION for Summary Judgment filed by Cynthia Ades. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/6/2013) (rsh)
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