Gurfein v. Kelly

In an action to recover damages for assault, the plaintiffs appeal from so much of an order of the Supreme Court, Rockland County (Bergerman, J.), dated January 15, 1998, as granted the motion of the defendant Demetrius Delgado for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly held that there was no “evidentiary proof that defendant Delgado * * * aided, abetted, encouraged or contributed to causing the incident which resulted in the plaintiff’s injuries”. Moreover,…