Ordered that the order is modified by deleting the provision thereof denying that branch of the motion which was for summary judgment on the issue of liability against the defendant Carmen Sotto on the assault and battery causes of action and substituting a provision therefor granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the appellants.
To sustain a cause of action to recover damages for assault,...
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