Practice point: To plead a cause of action to recover
damages for assault, a plaintiff must allege intentional physical conduct
placing the plaintiff in imminent apprehension of harmful contact.
Student note: While an action for an assault need not
involve physical injury, but only a grievous affront or threat to the person of
the plaintiff, words, without some menacing gesture or act accompanying them,
ordinarily will not be sufficient to state a cause of action.
Case: Gould v. Rempel, NY
Slip Op 06779 (2d Dept. 2012).
Tomorrow’s issue: Contractor liability.
