Yeum v. Clove Lakes Health Care & Rehabilitation Center, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated May 27, 2009, which granted the defendant’s motion for summary judgment dismissing the first cause of action to recover damages for an intentional assault and battery.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the first cause of action is denied.

The first cause of action in the amended complaint alleges that the decedent Heung Ki Yeum, while a resident at the nursing…