Order reversed, on the law, with costs, plaintiff's motion is granted to the extent that she is awarded summary judgment as to liability for the recovery of damages for assault and intentional infliction of emotional distress; upon searching the record, her cause of action sounding in negligence in dismissed, and matter remitted to the Supreme Court, Westchester County, for an assessment of damages.
Inasmuch as defendant, in prior proceedings, acknowledged under oath...
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