Gatz v. Layburn

In an action to recover damages for assault and battery, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated July 2, 2010, which, upon the granting of his motion for leave to enter a judgment in his favor on the issue of liability upon the defendant’s default in appearing or answering, and after an inquest on the issue of damages, determined that the defendant owed no damages to him and directed dismissal of the complaint with prejudice.

Ordered that on the Court’s own motion, the notice of appeal from the order is deemed to be an application for leave…