Kone v. Ritter Sysco Food Service, Inc.

In an action to recover damages for assault and negligent hiring, the plaintiff appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated January 30, 2004, which granted the motion of the defendant Ritter Sysco Food Service, Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Ritter Sysco Food Service, Inc.

The Supreme Court improvidently exercised its discretion in considering the…