Sargent v. City of New York

In an action to recover damages for personal injuries sustained as *694the result of an alleged assault, the defendant Jerome Martinez appeals from an order of the Supreme Court, Kings County (Clemente, J.), dated January 29, 1986, which granted the plaintiffs motion for leave to reargue the appellant’s motion which had sought, inter alia, to dismiss the action as against him, and upon reargument, denied the appellant’s motion and vacated a prior order of the same court, dated May 2, 1982, which dismissed the action as against the appellant.

Ordered that the order is affirmed, with costs.

The…