Gambino v Heredia

Gambino v Heredia 2007 NY Slip Op 05224 [41 AD3d 536] June 12, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

Matthew Gambino, Respondent,
v
Robert Heredia, Appellant, et al., Defendant.

—[*1] Faust Goetz Schenker & Blee, New York, N.Y. (Erika C. Aljens of counsel), for appellant.

The Law Office of Mark. E. Nadjar, P.C., Huntington, N.Y., for respondent.

In an action to recover damages for assault and battery, and negligence, the defendant Robert Heredia appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered August 7, 2006, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him and granted the plaintiff's cross motion for summary judgment on the issue of liability as to him.

Ordered that the order modified, on the law, by deleting the provision thereof granting the plaintiff's cross motion for summary judgment on the issue of liability as to the defendant Robert Heredia and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

There are issues of fact requiring the denial of summary judgment to both parties to this appeal. Miller, J.P., Mastro, Krausman and Carni, JJ., concur.