Pandolfo v. Brodell
| Decision Date | 15 April 1957 |
| Citation | 3 A.D.2d 853,161 N.Y.S.2d 494 |
| Parties | Celeste PANDOLFO, respondent, v. Irwin BRODELL, appellant. |
| Court | New York Supreme Court — Appellate Division |
Benjamin Cooper, New York City, for appellant.
Ralph J. Marino, Oyster Bay, for respondent.
Before NOLAN, P. J., and BELDOCK, MURPHY, HALLINAN and KLEINFELD, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for malicious prosecution, the appeal is from an order denying a motion to dismiss the complaint for insufficiency.
Order affirmed, with $10 costs and disbursements.
The allegations in the complaint that appellant had made a sworn accusation against respondent before a judge of the District Court of Nassau County, who thereupon issued a warrant for her arrest, did not constitute an admission that there existed probable cause on appellant's part for belief that respondent was guilty of the charge made against her, so as to require the allegation of further facts sufficient to overcome the effect of such an admission. Cf. Hopkinson v. Lehigh Valley R. Co., 249 N.Y. 296, 300, 164 N.E. 104, 105; Graham v. Buffalo General Laundries Corp., 261 N.Y. 165, 168, 184 N.E. 746, 747; Chernow v. Feldman, 251 App.Div. 329, 296 N.Y.S. 149.
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Russo v. State of N. Y.
...issued by a judge on the basis of the sworn accusations of the defendant in 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,......
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Watson v. City of New York
...(Parr v. Loder, 97 App.Div. 218, 89 N.Y.S. 823, supra; Schneider v. Schlang, 159 App.Div. 385, 144 N.Y.S. 543, supra; Pandolfo v. Brodell, 3 A.D.2d 853, 161 N.Y.S.2d 494; L. I. Bottlers Union v. Seitz, 180 N.Y. 243, 73 N.E. 2, supra.) It is not without significance that the information furn......
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