Decker v. Werbenec

In this matter in which there are asserted two causes of action based upon an alleged assault and battery, plaintiff moves for summary judgment.

Summary judgment is now available to every party involved in any type of civil action without limitation except that in matrimonial actions only the party against whom matrimonial relief is sought may move for a summary disposition (Buies Civ. Prac., rule 113). On a motion for summary judgment, the court must search the proof as proffered by affidavits or otherwise to ascertain whether it discloses a real issue, a triable issue, rather than a formal,…