The complaint, which alleges that plaintiff was attacked by defendant bar's employee during business hours with a pipe that was kept in plain view behind the bar, could be construed to state a cause of action for negligent supervision governed by the three-year Statute of Limitations for negligence, not the one-year Statute for assault. Defendant's claim that it was never served must be rejected as the only affidavit offered in support thereof is neither signed nor notarized. And, like the IAS Court, we discern no prejudice resulting from plaintiff's misnomer of defendant in his motion for a default judgment.
Concur — Ellerin, J.P., Wallach, Williams, Mazzarelli and Andrias, JJ.