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ANA SOLA, Respondent, v. WILLIAM S. SWAN et al., Appellants.

Issues of fact exist as to whether the individual defendant touched plaintiff without her consent in a manner that was offensive and intended to arouse apprehension, rendering viable plaintiff's causes of action for battery ( see Messina v. Matarasso, 284 AD2d 32, 34-35) and assault ( see Trott v. Merit Dept. Store, 106 AD2d 158, 159).

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SOLA v. SWAN
(May 24, 2005)