Cicurel v. Mollet

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Supreme Court, New York County, Trial Term, Thomas A. Aurelio
• Citation: Cicurel v. Mollet, 153 N.Y.S.2d 60, 1 N.Y.2d 797, 135 N.E.2d 594 (N.Y. 1956)
• Decision Date: 24 May 1956
• Parties: , 135 N.E.2d 594 William CICUREL, Respondent, v. Leon A. E. MOLLET, Appellant.

Page 60

153 N.Y.S.2d 60

1 N.Y.2d 797, 135 N.E.2d 594

William CICUREL, Respondent, v. Leon A. E. MOLLET, Appellant.

Court of Appeals of New York.

May 24, 1956.

Appeal from Supreme Court, Appellate Division, First Department, 1 A.D.2d 239, 149 N.Y.S.2d 397.

Action was brought for damages for alleged false arrest and malicious prosecution.

The Supreme Court, New York County, Trial Term, Thomas A. Aurelio, J., 136 N.Y.S.2d 853, entered judgment dismissing the complaint, and the plaintiff appealed.

The Appellate Division, 1 A.D.2d 239, 149 N.Y.S.2d 397, modified and affirmed the judgment and held that where defendant caused plaintiff's arrest, and defendant failed to establish justification for arrest, evidence was sufficient to establish false arrest but failed to establish want of probable cause for prosecution.

The defendant appealed to the Court of Appeals, contending that the Appellate Division exceeded its power and authority on review in reversing the dismissal of plaintiff's cause of action for false arrest, and without justification in law, rendered a final judgment against defendant following the reversal, and that evidence adduced on the trial was more than sufficient to sustain a finding that a discreet and prudent person would be led to the belief...