Alba v. Dani Michaels, Inc.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered March 22, 2002, which, inter alia, granted the motion of defendants Dani Michaels, Inc. and Frank I. Orio for summary judgment dismissing plaintiffs common-law personal injury claims as against them, but denied the motion of defendant Ruben Nieves for summary judgment insofar as it sought dismissal of plaintiffs assault claim as against him, unanimously affirmed, without costs.

The motion court properly granted summary judgment dismissing plaintiffs common-law personal injury claims as against defendants Dani Michaels, Inc.,…