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ANDRES v. PERRY

81 A.D.2d 848 (1981)

George C. Andres, Jr., an Infant, by His Father and Natural Guardian, George C. Andres, Sr., et al., Respondents, v. George Perry, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 11, 1981

Judgment reversed, on the law, with costs, and complaint dismissed.

The uncontradicted testimony established that the infant plaintiff was injured when the defendant struck him in the face with his fist. Clearly, a cause of action for the intentional tort of battery was made out. Nevertheless, plaintiffs framed this complaint solely on a theory of negligence, presumably in order to reach the "deep pocket" of defendant's insurer...

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