Opinion
March 22, 1999
Appeal from the Supreme Court, Rockland County (Bergerman, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly held that there was no "evidentiary proof that defendant Delgado * * * aided, abetted, encouraged or contributed to causing the incident which resulted in the plaintiffs injuries". Moreover, the Supreme Court properly rejected the plaintiffs' attempt to impose liability on Delgado based upon his plea of guilty to an assault upon Alan Froman, shortly after the assault upon the injured plaintiff occurred, since the assault on Froman "occurred at a different location and subsequent to the assault on the plaintiff". Accordingly, the Supreme Court properly granted Delgado's motion for summary judgment ( see, Shea v. Cornell Univ., 192 A.D.2d 857; Steinberg v. Goldstein, 27. A.D.2d 955; Lindsay v. Lockwood, 163 Misc.2d 228).
Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.