Judgment in favor of plaintiff in the sum of $5,191 after a nonjury trial in an action for personal injuries based on an alleged assault, unanimously reversed, on the law, and on the facts, and the complaint dismissed, with costs to defendants-appellants.
On the proof adduced the defendants are entitled to judgment. The testimony shows that it was the plaintiff who assaulted O'Rouke, age 60 years, an employee, now deceased, of the defendants, and that the assault...
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