DROPICK v. ROGERS

Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in granting defendant summary judgment dismissing the complaint as untimely under CPLR 215. It is undisputed that defendant intended to strike plaintiff, and thus the complaint sought damages for assault, not negligence (see, Mazzaferro v Albany Motel Enters., 127 A.D.2d 374, 376; see also, Salimbene v Merchants Mut. Ins. Co., 217 A.D.2d 991).