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BABIKIAN v. NIKKI MIDTOWN, LLC

60 A.D.3d 470 (2009)

875 N.Y.S.2d 20

ARAM BABIKIAN, Respondent, v. NIKKI MIDTOWN, LLC, et al., Appellants, et al., Defendant.

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

Decided March 10, 2009.

We modify to dismiss the second and fourth causes of action for "negligent assault" and "negligent battery" as no such causes of action exist under New York law (Smiley v North Gen. Hosp., 59 A.D.3d 179 [2009]; Fariello v City of New York Bd. of Educ., 199 A.D.2d 461, 462 [1993]). As for plaintiff's causes of action for assault (first), battery (third), and negligent hiring against each...

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