SIAGHA v. SALANT-JEROME, INC.


249 A.D.2d 11 (1998)

671 N.Y.S.2d 227

Omar Siagha, Respondent, v. Salant-Jerome, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 2, 1998


The complaint, which alleges that plaintiff was attacked by defendant bar's employee during business hours with a pipe that was kept in plain view behind the bar, could be construed to state a cause of action for negligent supervision governed by the three-year Statute of Limitations for negligence, not the one-year Statute for assault. Defendant's claim that it was never served must be rejected as the only affidavit offered in support thereof is neither signed nor notarized...

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