Order reversed, with $10 costs and disbursements, and plaintiff's motion granted.
On June 5, 1969 appellant commenced a prior action, in the Civil Court of the City of New York, Queens County, arising out of the assault in question. Appellant was allegedly assaulted on July 16, 1968 in Suffolk County by respondent, a Suffolk County resident. The complaint was dismissed because the Civil Court lacked jurisdiction over an assault committed outside its territorial boundary...
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