Loeb v. Teitelbaum
| Decision Date | 04 March 1981 |
| Citation | 439 N.Y.S.2d 300,80 A.D.2d 838 |
| Parties | Elliot LOEB et al., Appellants-Respondents, v. Carl TEITELBAUM, a/k/a/ Carl Baum et al., Respondents-Appellants, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Motion by appellants-respondents for reargument of the appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 12, 1979, which was decided by order of this court, dated October 22, 1980, 77 A.D.2d 92, 432 N.Y.S.2d 487. Motion denied. On the court's own motion, its decision dated October 22, 1980 is amended by adding a provision to its first decretal paragraph, further modifying the order appealed from, by deleting from the third decretal paragraph thereof, the words "on all issues", and by insertingtherein the words, "on the issue of damages only". Order dated October 22, 1980, entered on said decision, amended accordingly. The new trial, if one is to be held is limited to the issues of damages only. The jury's verdict on the issue of liability has been affirmed. This affirmance does not imply, however, that relevant evidence, previously adduced as proof of the other elements of malicious prosecution but also to the issue of damages, is now precluded or unnecessary. Such evidence on all the issues will be admissible at the trial on the issue of damages, within the discretion of the Trial Court..
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von Bulow By Auersperg v. Von Bulow, 86 Civ. 7558 (JMW).
...320 (3d Dep't 1985); accord Loeb v. Teitelbaum, 77 A.D.2d 92, 104-05, 432 N.Y.S.2d 487, 496 (2d Dep't 1980), amended, 80 A.D.2d 838, 439 N.Y.S.2d 300 (2d Dep't 1981). Von Bulow's complaint here similarly seeks to recover damages for the injury to both his business and social reputation that......
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Murphy v. Lynn
...cause, see Loeb v. Teitelbaum, 77 A.D.2d 92, 98, 432 N.Y.S.2d 487, 492 (2d Dep't 1980), modified on other grounds, 80 A.D.2d 838, 439 N.Y.S.2d 300 (2d Dep't 1981). Where the prosecution did not result in an acquittal, it is deemed to have ended in favor of the accused, for these purposes, o......
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Hernandez v. City of Rochester
...Id. (quoting Loeb v. Teitelbaum, 77 A.D.2d 92, 101, 432 N.Y.S.2d 487 (2d Dep't 1980), modified on other grounds, 80 A.D.2d 838, 439 N.Y.S.2d 300 (2d Dep't 1981)). "Certain types of dispositions that do not result from adjudication of the merits have generally been held not sufficiently favo......
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...arrested, but had not suffered the experience. See, Loeb v. Teitelbaum, 77 A.D.2d 92, 104-105, 432 N.Y.S.2d 487, amended, 80 A.D.2d 838, 439 N.Y.S.2d 300. With these factors and facts in mind, the Court will consider the treatment other courts have given similar factual settings, and the ve......