McNeil v. World Class Sec. Servs. Holdings, LLC

Summary

The Appellate Division, Second Department, affirmed dismissal of the plaintiff's personal-injury claims against John Ross Lindsay. The court held that the assault and battery claim was barred by the statute of limitations and that New York does not recognize a negligent assault or battery claim where the alleged injury resulted from an intentional punch.

Holdings

1. The assault-and-battery cause of action was barred by the applicable statute of limitations, and the plaintiff failed to raise a question of fact showing that the limitations period was tolled, otherwise inapplicable, or satisfied by timely commencement.
2. The negligence cause of action was properly dismissed because New York does not recognize a cause of action for negligent assault or battery, and the alleged intentional punching could support only a battery claim, not a negligence claim.
3. Dismissal under CPLR 3211(a)(7) was proper because the facts alleged did not state a cognizable negligence theory.

Questions Presented

1. Whether the plaintiff's assault-and-battery cause of action was barred by the applicable statute of limitations.
2. Whether New York recognizes a negligence cause of action based on the alleged intentional punching of the plaintiff.
3. Whether the Supreme Court properly dismissed the complaint against Lindsay under CPLR 3211(a)(5) and (7).

Disposition

affirmed