718 N.Y.S.2d 324 | N.Y. App. Div. | 2000
Order, Supreme Court, New York County (Paula Omansky, J.), entered September 8, 1999, which granted defendant Emmanuel African Methodist Episcopal Church’s motion for summary judgment dismissing plaintiffs complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.
Plaintiff alleged he was assaulted while at the Church by co-defendant Clarke, that Clarke was a Church employee and that the Church was liable based upon negligent hiring and supervision of Clarke since it was aware of his vicious propensities and involvement in a prior altercation. The IAS Court dismissed plaintiffs complaint, finding that the “essence” of plaintiffs complaint was based on Clarke’s assault, that more than one year elapsed between the assault and the commencement of this action and that the one-year Statute of Limitations for an intentional tort barred this action. While plaintiffs damages may have been immediately caused by Clarke’s assault, liability against the Church is not based upon allegations that it intentionally harmed plaintiff but that it negligently hired and supervised Clarke. The relevant Statute of Limitations is, accordingly, three years (Jarvis v Nation of Islam, 251 AD2d 116; Siagha v Salant-Jerome, Inc., 249 AD2d 11, lv dismissed 92 NY2d 946). The intentional nature of the
