Andres v. Perry

— In a negligence action to recover damages for personal injuries, etc., defendant appeals from a judgment of the Supreme Court, Orange County, entered May 20, 1980, which is in favor of plaintiffs and against him, upon a jury verdict. Judgment reversed, on the law, with costs, and complaint *849dismissed. The uncontradicted testimony established that the infant plaintiff was injured when the defendant struck him in the face with his fist. Clearly, a cause of action for the intentional tort of battery was made out. Nevertheless, plaintiffs framed this complaint solely on a theory of negligence,…