Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action, inter alia, to recover damages for assault for injuries he allegedly sustained at his workplace when he was struck by a swinging door that was pushed open by his supervisor, the defendant Ben Marino. At the time of the incident, the plaintiff and Marino were both employed by the defendant King Kullen Grocery Co., Inc. Marino established his prima facie entitlement...
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