| Cadet v Ayers |
| 2022 NY Slip Op 01873 [203 AD3d 539] |
| March 17, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Sherly Cadet, Respondent, v Linda S. Ayers et al., Appellants, et al., Defendant. |
Phillips Nizer LLP, New York (Elizabeth A. Adinolfi of counsel), for appellants.
Sherly Cadet, respondent pro se.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered December 2, 2019, which, to the extent appealed from, denied defendants-appellants' motion to dismiss the cause of action for assault pursuant to CPLR 3211 (a) (7), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint as against defendants-appellants.
"A civil assault is an intentional placing of another person in fear of imminent harmful or offensive contact" (Charkhy v Altman, 252 AD2d 413, 414 [1st Dept 1998] [internal quotation marks omitted]). As a matter of law, on this record, plaintiff failed to state a cause of action for assault. Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.