Alford v. St. Nicholas Holding Corp.

—Order, Supreme Court, New York County (Carol Arber, J.), entered on or about February 9, 1995, which denied defendants’ motion for summary judgment dismissing plaintiff’s complaint, unanimously affirmed, without costs.

In this action for assault against both the wrongdoer and the wrongdoer’s alleged employee brought within a year after the dismissal of criminal proceedings against the wrongdoer, we hold that CPLR 215 (8) applies to extend the Statute of Limitations against the employer as well as the wrongdoer, and decline to follow Second and Fourth Department cases to the contrary (Jordan v…