Appellate Division of the Supreme Court of the State of New York April 25, 2005 (DiBella v. Pennino)

In an action to recover damages based on intentional assault, the defendant appeals from an order of the Supreme Court, Suffolk County (Catterson, J.), dated December 9, 2003, which denied his motion to vacate a prior judgment of the same court entered May 19, 2003, made after an inquest, upon an order of the same court dated February 24, 2003, granting the plaintiffs motion, inter alia, to