Ward v. Pyramid Co. (13 A.D.3d 1231, 2004)

Motion for reargument granted and, upon reargument, the memorandum and order entered October 1, 2004 [11 AD3d 1012] is amended by deleting the word “assaults” and substituting the word “misconduct” in the last sentence of the third paragraph of the memorandum. Present—Green, J.P, Pine, Scudder, Martoche and Hayes, JJ.