Opinion
February 24, 1994
Appeal from the Supreme Court, New York County (William Davis, J.).
We agree with the IAS Court that plaintiff's claim of negligent hiring and training alleges facts within the risk covered by the policy and outside the assault and battery exclusion (U.S. Underwriters Ins. Co. v. Val-Blue Corp., 200 A.D.2d 449).
Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.