APPEALS COURT REVERSES LOWER COURT AND DISMISSES ABUSE CASE AGAINST DAY SPA

On December 7, 2023, Partner David Rutherford and New York Associate Collin Boris obtained a decision from New York’s Appellate Division, First Department, reversing the lower court and granting summary judgment dismissing the case in its entirety. The plaintiff, a patron at a day spa in Manhattan, alleged that she was sexually abused during a massage given by what she assumed was a masseuse employed by the spa but who turned out to instead be a patron.