Reichle v. Mayeri
Cases that cite this one
7 later published cases cite this decision.
- Roth v. El Al Israel Airlines, Ltd. (District Court, S.D. New York 1989)
- Gillis v. Carmel Richmond Nursing Home Inc. (New York Supreme Court, Richmond County 2024)
- Gould v. Rempel (Appellate Division of the Supreme Court of New York 2012)
- Gould v. Rempel (Appellate Division of the Supreme Court of New York 2012)
- Nicholson v. Luce (Appellate Division of the Supreme Court of New York 2008)
- Allinger v. City of Utica (Appellate Division of the Supreme Court of New York 1996)
- Hayes v. Schultz (Appellate Division of the Supreme Court of New York 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.