Ordered that the order is affirmed, insofar as appealed from, with costs.
In a prior criminal action, the defendant Joseph Crocitto pleaded guilty to assault in the third degree (see, Penal Law § 120.00 [1]). This judgment of conviction arose out of the same incident as that upon which the present civil action for damages is based. The Supreme Court granted summary judgment on the issue of liability in favor of the plaintiffs on the basis of collateral...
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