Ordered that the order is affirmed, with costs.
It is clear that the appellant's conviction for assault in the third degree arising out of the same events as those alleged in the instant action establishes his civil liability for damages for assault and battery under the doctrine of collateral estoppel (see, Lili B. v. Henry F., 235 A.D.2d 512; Buggie v. Cutler, 222 A.D.2d 640; Villanueva v. Comparetto, 180 A.D.2d 627; Grayes v. DiStasio, 166 A.D.2d 261). Thus, the court was correct in granting the plaintiff's motion for partial summary judgment on the issue of liability against the defendant.
Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.