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CECORA v. DE LA HOYA

10132, 112787/11.

106 A.D.3d 565 (2013)

965 N.Y.S.2d 464

2013 NY Slip Op 3599

ANGELICA CECORA, Appellant, v. OSCAR DE LA HOYA, Respondent.

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

Decided May 21, 2013.

The court properly dismissed the cause of action for battery since the claimed offensive contact made during defendant's attempts to resume sexual contact with plaintiff was not "wrongful under all the circumstances," and was belied by the allegations of the complaint (Messina v Alan Matarasso, M.D., F.A.C.S., P.C., 284 A.D.2d 32, 35 [1st Dept 2001] [internal quotation marks omitted]). The court also properly dismissed the assault...

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