Daluise v. Sottile
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for battery, assault, and intentional infliction of emotional distress, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Minardo, J.), dated October 14, 2005, which granted the defendant’s motion pursuant to, inter alia, CPLR 3211 (a) (5) to dismiss the complaint.
Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendant’s motion which were to dismiss the first, second, and third causes of action, and the fourth cause of action to the extent it asserted a…
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