Winslow v. Freeman

—Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Ellison, J.), entered October 8, 1996 in Chemung County, upon dismissal of the complaint and counterclaims at the close of evidence.

Plaintiff Charles A. Winslow (hereinafter plaintiff) and defendant were co-workers at Steve Acuto Pontiac in the City of Elmira, Chemung County. This lawsuit is the result of a workplace altercation between the two in the course of which defendant struck plaintiff in the face, requiring medical treatment in the form of sutures to his nose. Plaintiff returned to work the next day, while defendant was…