Barcher v. Radovich

—In an action to recover damages, inter alia, for constructive eviction and breach of the warranty of habitability, the plaintiff appeals, as limited by her notice of appeal and brief, from so much of a judgment of the Supreme Court, Queens County (Zelman, J.), dated September 13, 1989, as, upon trial rulings granting the defendant’s motions to dismiss the third, fourth, fifth, seventh, eighth, ninth, and tenth causes of action prior to submission to the jury, and, upon a jury verdict, inter alia, finding the defendant not liable to the plaintiff for assault and battery, is in favor of the…