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SOLA v. SWAN

18 A.D.3d 363 (2005)

794 N.Y.S.2d 902

ANA SOLA, Respondent, v. WILLIAM S. SWAN et al., Appellants.

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

May 24, 2005.

Issues of fact exist as to whether the individual defendant touched plaintiff without her consent in a manner that was offensive and intended to arouse apprehension, rendering viable plaintiff's causes of action for battery (see Messina v Matarasso, 284 A.D.2d 32, 34-35 [2001]) and assault (see Trott v Merit Dept. Store, 106 A.D.2d 158

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