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CANNON v. BONIELLO

281 A.D.2d 581 (2001)

722 N.Y.S.2d 172

BARRY CANNON et al., Appellants, v. PAUL BONIELLO, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 26, 2001.

Ordered that the order is affirmed, with costs.

The defendant established his entitlement to summary judgment dismissing the first and third causes of action by submitting evidence demonstrating that those causes of action were based on an alleged assault, not negligence (see, Schetzen v Robotsis, 273 A.D.2d 220; Wrase v Bosco, 271 A.D.2d 440; Wertzberger v City of New York,<...

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