Davey v. Dolan

Decision Date04 September 2003
Citation308 A.D.2d 330,764 N.Y.S.2d 181
PartiesPETER F. DAVEY, Appellant,<BR>v.<BR>KEVIN J. DOLAN et al., Respondents, et al., Defendant.
CourtNew York Supreme Court — Appellate Division

Concur — Nardelli, J.P., Mazzarelli, Saxe, Rosenberger and Friedman, JJ.

Plaintiff alleges that defendants-respondents, who are his former wife's brother and attorneys, colluded with his former wife to have him falsely arrested for domestic violence so as to give her an "unfair advantage" in the divorce case they were planning against him. Whatever roles respondents may have played in bringing about plaintiff's arrest, fair notice thereof is not provided by his allegations, aptly characterized by the motion court as "unspecific and unfocused," that they gave the former wife "aid," "encouragement," "support" and "advice" (CPLR 3013, 3016 [b]). We have considered and rejected plaintiff's other claims.

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5 cases
  • Davey v. Dolan
    • United States
    • U.S. District Court — Southern District of New York
    • September 26, 2006
    ...cognizable cause of action. The court's decision was affirmed by the Appellate Division on September 4, 2003. Davey v. Dolan, 308 A.D.2d 330, 764 N.Y.S.2d 181 (N.Y.App. Div.2003) (Kelly Decl., Nov. 3, 2005, Ex. 8; Tompkins Decl., Ex. C). On April 26, 2006, the Westchester County Supreme Cou......
  • Departmental Disciplinary Comm. for the First Judicial Dep't v. Davey (In re Davey)
    • United States
    • New York Supreme Court — Appellate Division
    • October 8, 2013
    ...brother and the attorneys for failure to state a cause of action and this Court affirmed the order on appeal ( Davey v. Dolan, 308 A.D.2d 330, 764 N.Y.S.2d 181 [1st Dept.2003] ). A similar action against the ex-wife herself was dismissed. On September 15, 2003, respondent brought a second a......
  • Smith v. 21 West LLC Limited Liability Company
    • United States
    • New York Supreme Court — Appellate Division
    • September 4, 2003
  • WURM DDS v. Commercial Insurance Company of Newark, New Jersey
    • United States
    • New York Supreme Court — Appellate Division
    • September 4, 2003
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