Legal Opinion
Higgins v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2005PublishedCited by 7 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for assault and battery, the plaintiff appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated July 16, 2004, which granted the defendant’s motion for summary judgment dismissing the complaint.
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 plaintiffs 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.,…
2Cases cited3 opinions
- Siegell v. Herricks Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
- Bastein v. SottoAppellate Division of the Supreme Court of the State of New York · 2002
- Tillman v. NordonAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by7 opinions
- Holland v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2011
- Lepore v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2014
- Esposito v. QuatinezDistrict Court, E.D. New York · 2014
- Gabriel v. ScheriffAppellate Division of the Supreme Court of the State of New York · 2014
- Nicholson v. Freeport Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
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