Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff was allegedly injured when he was assaulted by the defendant Chris Whitaker on the premises of the defendant Supermarkets General Corporation (hereinafter Pathmark). At the time of the assault, Whitaker was employed by Pathmark. The plaintiff seeks to recover damages from Pathmark based on, among other theories, negligent hiring and retention.
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