Radlin v. Brenner

—Order and judgment unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when he was assaulted by defendant Alon Brenner, the boyfriend of Stephanie Sutton (defendant). Plaintiff alleges that defendant negligently or intentionally caused the assault by making false and misleading statements to Brenner concerning a sexual encounter between defendant and plaintiff. Supreme Court properly granted the motion of defendant seeking summary judgment dismissing the complaint against her. Assuming, arguendo, that defendant made the…