Cecora v. De La Hoya
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Paul Wooten, J.), *566entered April 4, 2012, which, inter alia, granted defendant’s motion to dismiss the complaint and for the imposition of sanctions against plaintiff and her attorney, and denied plaintiffs motion to disqualify defendant’s attorney, unanimously affirmed, without costs.
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…
2Cases cited6 opinions
- Howell v. New York Post Co.New York Court of Appeals · 1993
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- Messina v. Alan Matarasso, M.D., F.A.C.S., P. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Holtz v. Wildenstein & Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Arrington v. Liz Claiborne, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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