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NICHOLSON v. LUCE

55 A.D.3d 416 (2008)

866 N.Y.S.2d 52

CAROLINE NICHOLSON, Individually and as Parent and Natural Guardian of FAITH NICHOLSON, an Infant, Respondent, v. LEILA HADLEY LUCE et al., Appellants.

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

October 21, 2008.

A claim for sexual assault may be framed as a claim for either assault or battery (see generally Waxter v State of New York, 33 A.D.3d 1180, 1182 [2006]; Physicians' Reciprocal Insurers v Loeb, 291 A.D.2d 541, 542-543 [2002]; N.X. v Cabrini Med. Ctr., 280 A.D.2d 34, 36 [2001], mod 97 N.Y.2d 247 [2002];...

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