Archie v. Ma's & Papa Joe's, Inc.

In an action, inter alia, to recover damages for assault and battery, the plaintiff appeals from an order of the Supreme Court, Orange County (Alessandro, J.), dated November 10, 2008, which granted the motion of the defendant Joseph H. Everett for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

In the early morning hours of January 1, 2005, at a bar owned and operated by the defendant Ma’s & Papa Joe’s, Inc. (hereinafter MPJ’s), the defendant Darnell Williams, a bar patron, allegedly assaulted the plaintiff, who was…