Pettinato v. Cigna Property & Casualty Co.

LEHRER, J.S.C.

STATEMENT OF FACTS

This consolidated matter is comprised of three separate actions. In the underlying action, plaintiff Dr. Joseph DeCarlo (“DeCarlo”) instituted suit against Joseph Pettinato (“Pettinato”) and J.B. Sales and Services d/b/a J.B. Landscaping, Inc. (“J.B. Sales and Services”) alleging that on June 12, 1992, while Dr. DeCarlo was a *579customer at J.B. Sales and Services, Mr. Pettinato intentionally and/or negligently committed an assault and battery upon him causing personal injuries. Mr. Pettinato is the owner of J.B. Sales and Services which, among other things, is…