The complaint alleges that on April 12, 2015, plaintiff was "assaulted, struck, grabbed, battered, beaten, punched, thrown, and seriously injured" by defendant's employee. Contrary to plaintiff's argument, these allegations do not assert a claim sounding in negligence, but rather allege the intentional tort of assault, which is governed by a one-year statute of limitations (CPLR 215 [3]). Accordingly, the July 5, 2016 complaint was properly dismissed as untimely (see Smiley...
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