UZENSKI v. FITZSIMMONS


21 Misc.2d 148 (1959)

Constant Uzenski, Plaintiff, v. James E. Fitzsimmons, Defendant.

Supreme Court, Special Term, Queens County.

December 11, 1959.


Attorney(s) appearing for the Case

Freeman & Hyman for plaintiff.

Joseph Mafera for defendant.


NICHOLAS M. PETTE, J.

The plaintiff, in an action to recover damages for assault, moves for summary judgment on the issue of liability and thereupon for an immediate assessment of damages.

There is no question that the defendant was tried and convicted in the Court of Special Sessions of the City of New York on June 9, 1959, of assault in the third degree. Nevertheless, all that the defendant has to say in opposition to this motion for summary...

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