25 A.D.2d 848 | N.Y. App. Div. | 1966
Lead Opinion
In an action to recover damages inter alia for false arrest, false imprisonment and malicious prosecution, the parties cross-appeal as follows from an order of the Supreme Court, Kings County, entered March 12,1965: 1. Defendant appeals from so much of the order as (a) granted plaintiff’s motion for summary judgment as to that part of the first cause of action (for false arrest and false imprisonment) which pertains to the period from plaintff’s original detention to his arraignment and severed the action as to the remaining issues in the action; and (b) referred the following issues to the court on the trial of the remaining issues: the damages on said part of the first cause of action and the timeliness of the service of plaintiff’s notice of claim and of the commencement of the action. 2. Plaintiff appeals from so much of the order as denied his motion for summary judgment as to (a) that part of the first cause of action which pertains to the period between his arraignment and the dismissal of the indictment; and (b) the second cause of action (for malicious prosecution). On plaintiff’s appeal, order affirmed insofar as appealed from, without costs. On defendant’s appeal, order modified by striking out its first four decretal paragraphs, by substituting therefor a provision granting summary judgment to defendant, dismissing the complaint, and' by providing in the fifth ordering paragraph that plaintiff’s motion is denied in all respects. As so modified, order affirmed insofar as appealed from, without costs. Plaintiff was detained on May 11, 1941 for questioning in con
Concurrence Opinion
concurs, except that he concurs only in the result with respect to the dismissal of the second cause of action (for malicious prosecution), being of the opinion that probable cause was established