Reichle v. Mayeri

Appellate Division of the Supreme Court of New York

Reichle v. Mayeri

110 A.D.2d 694, 488 N.Y.S.2d 15, 1985 N.Y. App. Div. LEXIS 48586

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 8, 1985

StatusPublished

Cited by7 cases

This text of 110 A.D.2d 694 (Reichle v. Mayeri) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reichle v. Mayeri, 110 A.D.2d 694, 488 N.Y.S.2d 15, 1985 N.Y. App. Div. LEXIS 48586 (N.Y. Ct. App. 1985).

Pincite

Opinion

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 AD2d 650). Gibbons, J. P., Weinstein, Brown and Niehoff, JJ., concur.

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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 AD2d 650). Gibbons, J. P., Weinstein, Brown and Niehoff, JJ., concur.

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Bluebook (online)

110 A.D.2d 694, 488 N.Y.S.2d 15, 1985 N.Y. App. Div. LEXIS 48586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reichle-v-mayeri-nyappdiv-1985.

Opinion

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