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Reichle v. Mayeri

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 694 (N.Y. App. Div. 1985)

Opinion

April 8, 1985

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Order affirmed, with costs.

Treating plaintiffs' motion to dismiss defendants' counterclaim to recover damages for assault as a motion for summary judgment, Special Term denied the motion, citing the existence of issues of fact and questions of credibility which would require resolution by a trier of fact. We agree. The affidavits submitted in support of and in opposition to the motion, all by persons with personal knowledge of the events surrounding the alleged assault, establish that substantial questions of fact and issues of credibility exist, thereby precluding the granting of summary judgment. Moreover, in an action to recover damages for assault, physical injury need not be present but only "a grievous affront or threat to the person" ( Di Gilio v. Burns Intl. Detective Agency, 46 A.D.2d 650). Gibbons, J.P., Weinstein, Brown and Niehoff, JJ., concur.


Summaries of

Reichle v. Mayeri

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 694 (N.Y. App. Div. 1985)
Case details for

Reichle v. Mayeri

Case Details

Full title:GEORGE REICHLE et al., Appellants, v. LOGHMAN MAYERI et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 1985

Citations

110 A.D.2d 694 (N.Y. App. Div. 1985)

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