Matthews v. Garrett

—In an action, inter alia, to recover damages for assault, the defendant appeals from a judgment of the Supreme Court, Kings County (Huttner, J.), entered March 1, 2002, which, upon a jury verdict, is in favor of the plaintiff and against him on the cause of action to recover damages for assault in the principal sum of $25,000, and the plaintiff cross-appeals, as limited by her brief, from so much of the same judgment as, upon the denial of her motion, among other things, to conform the pleadings to the proof and her motion for a jury charge on the issue of punitive damages, failed to award…