SCHETZEN v. ROBOTSIS


273 A.D.2d 220 (2000)

709 N.Y.S.2d 193

RYAN SCHETZEN, an Infant, by His Parent and Natural Guardian, WARREN SCHETZEN, et al., Appellants, v. CHARLES ROBOTSIS, an Infant, by His Parent and Natural Guardian, CHARLES S. ROBOTSIS, et al., Respondents.

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

Decided June 5, 2000.


Ordered that the orders are affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiffs' cause of action, which was couched in terms of negligence, was properly treated as a cause of action to recover damages for an assault. The plaintiffs alleged solely that the defendants "negligently held" or "negligently struck" their minor plaintiff son. On appeal, the plaintiffs contend that their cause of action...

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