Barreto v. Kotaj

OPINION OF THE COURT

Judgment, entered February 15, 2013, reversed, without costs, judgment vacated, and matter remanded for a new trial on the issues of liability and apportionment.

Plaintiff commenced this personal injury action upon allegations that he was “viciously assaulted” at the building in which he worked as a superintendent by the defaulting individual defendant (Kotaj), an employee of defendant T & R Construction Company (T & R). The trial evidence established, essentially without contradiction, that after complaining repeatedly to T & R about Kotaj’s aggressive, violent and…