SOLA v. SWAN

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).