Colegrove v. City of Corning
| Court | New York Supreme Court Appellate Division |
| Citation | 54 A.D.2d 1093,388 N.Y.S.2d 964 |
| Parties | Richard W. COLEGROVE, Respondent, v. The CITY OF CORNING, New York and Patrolman Terrance A. Davies, Appellants, and the County of Steuben, Defendant. |
| Decision Date | 05 November 1976 |
Page 964
v.
The CITY OF CORNING, New York and Patrolman Terrance A.
Davies, Appellants,
and
the County of Steuben, Defendant.
Edwin J. Carpenter, Jr., Joseph J. Nasser, Corning, for appellant, City of Corning.
Page 965
Joseph J. Nasser, Corning, for appellant, Patrolman Davies.
Robert L. Miller, Elmira, for respondent.
Before MARSH, P.J., and MAHONEY, DILLON, GOLDMAN and WITMER, JJ.
MEMORANDUM.
Plaintiff-respondent sued defendants-appellants, City of Corning and Patrolman Terrance A. Davies, for false arrest and malicious prosecution. The trial court properly dismissed the cause of action for false arrest and the jury returned a verdict for the plaintiff of $55,000 as damages for malicious prosecution. Defendants contend that there was insufficient proof to submit the issues of want of probable cause and actual malice to the jury; that the trial court's charge contained misstatements of law; that improper evidence was received on the issue of damages and that the amount found by the jury was excessive.
The facts leading up to the securing of the warrant are uncomplicated. Plaintiff owned and operated a retail jewelry and watch repair business. He was arrested for having in his possession, in violation of Penal Law, § 220.45, three oil applicators which he used in the repair of watches and clocks and which were purchased from a jewelry supply house. The defendant patrolman had secured a warrant for plaintiff's arrest which charged him with having in his possession hypodermic instruments. There was no claim by the police, and a complete absence of any evidence at trial, that the instruments were used or sold for use as hypodermic needles. The one instrument which was being used contained oil. The matter was submitted to a grand jury which refused to indict plaintiff.
It is axiomatic that in determining whether a verdict is against the weight of the credible evidence the reviewing court 'must take the view of the proof most favorable to the verdict' (Dowell v. Remmer, 24 A.D.2d 542, 543, 261 N.Y.S.2d 746, 747; Hannan v. Schmitt, 18 A.D.2d 854, 236 N.Y.S.2d 107). The essentials of malicious prosecution were succinctly stated in Munoz v. City of New York, 18 N.Y.2d 6, 9, 271 N.Y.S.2d 645, 648, 218 N.E.2d 527, 529, where the court, quoting from Burt v. Smith, 181 N.Y. 1, 5, 73 N.E. 495, 496, stated: 'A malicious prosecution is one that is begun in malice, without probable cause to believe that it can succeed, and which finally ends in failure.' (See, also, Broughton v. State...
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Papa v. City of New York
...750, 464 N.Y.S.2d 189; Johnson v. Great Atlantic & Pacific Tea Co., 92 A.D.2d 884, 885, 459 N.Y.S.2d 871; Colegrove v. City of Corning, 54 A.D.2d 1093, 1094-95, 388 N.Y.S.2d 964; 36 NY Jur 2d, Damages, §§ 68, 69, 198; PJI 2:290). Because there was a failure of proof relative to Papa's lost ......
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Levantino v. Insurance Co. of North America
...legal damage for which recovery may be sought (Anderson v. St. Paul Mercury Indemn. Co., supra; cf. Colegrove v. City of Corning, 54 A.D.2d 1093, 388 N.Y.S.2d 964). Not only does a discharge in bankruptcy of an insured, solvent when the tort judgment was rendered, not bar recovery (Young v.......
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Russo v. State of N. Y., Nos. 161
...the malicious prosecution action. Pandolfo v. Brodell, 3 A.D.2d 853, 161 N.Y.S.2d 494 (2d Dep't 1957); see Colegrove v. City of Corning, 54 A.D.2d 1093, 388 N.Y.S.2d 964 (4th Dep't 1976); Watson v. City of New York, 57 Misc.2d 542, 293 N.Y.S.2d 348 (Civ.Ct.1968). The fact that Cichocki is a......
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Filippi v. Filippi, 2020-34979
...malice, "a showing of lack of probable cause may be sufficient to support an inference of actual malice" (Colegrove v. City of Corning, 54 A.D.2d 1093. 1094 [4th Dept 1976], citing Munoz v. City of New York, 18 N.Y.2d 6, 11 [1966], 271 N.Y.S.2d at 650, 218 N.E.2d at 530); thus, "where it is......
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Papa v. City of New York
...750, 464 N.Y.S.2d 189; Johnson v. Great Atlantic & Pacific Tea Co., 92 A.D.2d 884, 885, 459 N.Y.S.2d 871; Colegrove v. City of Corning, 54 A.D.2d 1093, 1094-95, 388 N.Y.S.2d 964; 36 NY Jur 2d, Damages, §§ 68, 69, 198; PJI 2:290). Because there was a failure of proof relative to Papa's lost ......
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Levantino v. Insurance Co. of North America
...legal damage for which recovery may be sought (Anderson v. St. Paul Mercury Indemn. Co., supra; cf. Colegrove v. City of Corning, 54 A.D.2d 1093, 388 N.Y.S.2d 964). Not only does a discharge in bankruptcy of an insured, solvent when the tort judgment was rendered, not bar recovery (Young v.......
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Russo v. State of N. Y., Nos. 161
...the malicious prosecution action. Pandolfo v. Brodell, 3 A.D.2d 853, 161 N.Y.S.2d 494 (2d Dep't 1957); see Colegrove v. City of Corning, 54 A.D.2d 1093, 388 N.Y.S.2d 964 (4th Dep't 1976); Watson v. City of New York, 57 Misc.2d 542, 293 N.Y.S.2d 348 (Civ.Ct.1968). The fact that Cichocki is a......
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Filippi v. Filippi, 2020-34979
...malice, "a showing of lack of probable cause may be sufficient to support an inference of actual malice" (Colegrove v. City of Corning, 54 A.D.2d 1093. 1094 [4th Dept 1976], citing Munoz v. City of New York, 18 N.Y.2d 6, 11 [1966], 271 N.Y.S.2d at 650, 218 N.E.2d at 530); thus, "where it is......