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SCOLLO v. NUNEZ

60 A.D.3d 840 (2009)

874 N.Y.S.2d 380

GIANFRANCO SCOLLO et al., Respondents, v. ALEXANDER NUNEZ et al., Defendants, and JOSEPH McMAHON et al., Appellants.

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

Decided March 17, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In response to the prima facie showing by the moving defendants of entitlement to summary judgment, the Supreme Court properly found that there are triable issues of fact as to whether the appellants acted tortiously pursuant to a tacit agreement to assault or batter the plaintiffs Gianfranco Scollo and Maurizio Scollo (see Abid v Edwards, 8 A.D.3d 510

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