Uzenski v. Fitzsimmons

The plaintiff, in an action to recover damages for assault, moves for summary judgment on the issue of liability and thereupon for an immediate assessment of damages.

There is no question that the defendant was tried and convicted in the Court of Special Sessions of the City of New York on June 9,1959, of assault in the third degree. Nevertheless, all that the defendant has to say in opposition to this motion for summary judgment is:

‘ ‘ The action is for an assault alleged to have been committed by me against the plaintiff and was instituted by service of a summons and verified complaint, to…