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Man says he's too infirm to grope

Jan. 23, 2012 at 2:55 PM

NEW YORK, Jan. 23 (UPI) -- A New York restaurant owner said his age and health problems made it impossible for him to have committed the sexual assault he's accused of in a lawsuit.

Silvano Marchetto, owner of the Da Silvano Italian restaurant, filed court papers saying he's "a 65-year-old man with health problems, bad knees and has even suffered a stroke," the New York Post reported Monday.

He said his health makes it "shocking" that Samuel Cruz alleged he "could not defend himself" against Marchetto repeatedly groping his genitals in a parking garage near the restaurant.

The court papers argue Cruz's federal lawsuit should be dismissed because he has failed to provide "any direct evidence, medical or otherwise, as to the approximate damages" he says he suffered.

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