Majority
p. 1071Pasquale Genovese, Respondent, v. Charles Pannice, Defendant, and Daniel Gaggiano et al., Doing Business as Joe’s Grill, et al., Appellants.
Order affirmed, with $10 costs and disbursements. All concur. (Appeal from an order denying a motion by defendants Gaggiano to dismiss plaintiff’s complaint in an action to recover damages for an alleged assault claimed to have been committed on plaintiff by defendant Panniee in a grill operated by defendants Gaggiano.) ¡Present — 'Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.