Legal Opinion
Holtz v. Wildenstein & Co.
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1999PublishedCited by 13 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered January 16, 1998, upon a jury verdict in defendants’ favor dismissing the complaint, unanimously affirmed, without costs.
Contrary to plaintiff’s contention, the trial court properly determined to submit to the jury only her claim for battery and not her claim for assault. To sustain a claim for assault there must be proof of physical conduct placing plaintiff in imminent apprehension of harmful contact (Hassan v Marriott Corp., 243 AD2d 406, 407; see also, Charkhy v Altman, 252 AD2d 413). Here, there was no such proof.…
2Cases cited4 opinions
- Charkhy v. AltmanAppellate Division of the Supreme Court of the State of New York · 1998
- Hassan v. Marriott Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- John v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by13 opinions
- Ruhlmann v. Ulster County Department of Social ServicesDistrict Court, N.D. New York · 2000
- Bastein v. SottoAppellate Division of the Supreme Court of the State of New York · 2002
- Bass v. World Wrestling Federation Entertainment, Inc.District Court, E.D. New York · 2001
- Marcano v. City of SchenectadyDistrict Court, N.D. New York · 2014
- Stanley v. Amalithone Realty, Inc.New York Supreme Court · 2011
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