New York, NY (October 1, 2025) – New York attorneys Michael L. Moretti III and Jonathan Van Dusen successfully obtained dismissal of a negligence action in the Richmond County Supreme Court against a physician and his private practice that leased office space to a certified Aesthetician, who thereafter performed a laser hair removal procedure that allegedly caused the plaintiff to suffer severe abdominal burns, permanent scarring, and disfigurement.
Through the use of documentary evidence, including an independent contractor agreement, the plaintiff’s treatment records, credit card transaction documents, and pre-suit correspondence between the physician and plaintiff’s own attorney, Michael and Jonathan established that no duty of care existed between the plaintiff, the physician and the practice. They similarly established that no legal relationship existed between the aesthetician and the physician or the practice under theories of actual or apparent authority, which precluded the plaintiff from asserting a claim of vicarious liability for the conduct of the aesthetician. The Judge agreed and dismissed the case for failure to state a cause of action pursuant to C.P.L.R. § 3211(a)(7).
For more information about Mr. Moretti visit https://rawle.com/attorneys/michael-l-moretti/ . For more information about Mr. Van Dusen visit https://rawle.com/attorneys/jonathan-van-dusen/
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