This plaintiff's motion pursuant to CPLR 3213 raises a question of first impression: can a guilty plea alone be a sufficient predicate for summarily awarding damages via a motion for summary judgment in lieu of complaint?
The case at bar arises from a street altercation on July 24, 1981 between the plaintiff and defendant. The defendant was arrested and charged with assault in the third degree. (Penal Law, § 120.00.) On August...
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