HIGGINS v. HAMILTON


18 A.D.3d 436 (2005)

794 N.Y.S.2d 421

RUTH HIGGINS, Appellant, v. LEIGH HAMILTON, Respondent.

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

May 2, 2005.


Ordered that the order is affirmed, with costs.

The Supreme Court correctly granted that branch of the defendant's motion which was to dismiss the plaintiff's cause of action to recover damages for battery. To recover damages for battery, a plaintiff must prove that there was bodily contact, that the contact was offensive, i.e., wrongful under all of the circumstances, and intent to make the contact without the plaintiff's consent (see Siegell v Herricks Union...

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