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CADET v. AYERS

100373/19. Appeal No. 15533. Case No. 2020-00351.

203 A.D.3d 539 (2022)

162 N.Y.S.3d 701

2022 NY Slip Op 01873

Sherly Cadet, Respondent, v. Linda S. Ayers et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 17, 2022.

Attorney(s) appearing for the Case

Phillips Nizer LLP, New York (Elizabeth A. Adinolfi of counsel), for appellants.

Sherly Cadet, respondent pro se.

Concur—Kapnick, J.P., Mazzarelli, Friedman, Gesmer, Oing, JJ.

"A civil assault is an intentional placing of another person in fear of imminent harmful or offensive contact" (Charkhy v Altman, 252 A.D.2d 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...

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