Order granting summary judgment reversed, with $10 costs and disbursements, and motion for summary judgment denied. While the record of defendant's conviction of the crime of assault in the third degree is admissible, it does not establish sufficiently the essential elements of the cause of action alleged, so as to warrant summary judgment. (Schindler v. Royal Ins. Co., 258 N.Y. 310; Everdyke v. Esley, 258 App. Div. 843; cf. Sims v. Sims, 75 N.Y. 466...
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