SMITH v. STERLING

2020-00645. Index No. 602396/18.

213 A.D.3d 791 (2023)

181 N.Y.S.3d 899

2023 NY Slip Op 00686

Corine Smith, Appellant, v. Walter Sterling et al., Respondents.

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

Decided February 8, 2023.


Attorney(s) appearing for the Case

Borrelli & Associates, PLLC, Garden City, NY ( Danielle E. Mietus , Alexander T. Coleman , and Michael J. Borrelli of counsel), for appellant.

Devitt Spellman Barrett, LLP, Smithtown, NY ( John M. Denby and Christi M. Kunzig of counsel), for respondents.

Duffy, J.P., Rivera, Christopher and Voutsinas, JJ., concur.


In an action to recover damages for assault and battery, the plaintiff appeals from an order of the Supreme Court, Nassau County (Jeffrey S. Brown, J.), entered December 9, 2019. The order, insofar as appealed from, denied the plaintiff's cross-motion for leave to amend the complaint.

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

The plaintiff commenced this action to recover damages for assault and battery. The defendants moved...

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