A menacing physical act is required to support the essential element of an apprehension of imminent harm. An allegation of finger-pointing and generalized yelling, without more, is insufficient. Here, the element is satisfied because the plaintiff alleges that the defendant, while screaming an epithet, encroached upon her.
Berg v. Chelsea Hotel Owner, LLC, NY Slip Op 01511 (1st Dep't March 10, 2022)
