Practice point: Once intentional offensive contact has been established, the actor is liable for assault and not negligence, since there is no such thing as a negligent assault. There is a one-year statute of limitations, pursuant to CPLR 215[3].
Practitioners should note that plaintiff's argument that defendant used excessive force does not transform the action into one for negligence.
Case: Smiley v. North Gen. Hosp., NY Slip Op 00630 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Vehicle and Traffic Law.
