Legal Opinion

Balestrero v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of the State of New York

Decided March 1, 1954PublishedCited by 10 opinions

1Opinion of the Court

In an action for false arrest and malicious prosecution, defendants moved under rule 103 of the Rules of Civil Practice to strike certain allegations from the complaint as irrelevant and prejudicial. The motion was granted and plaintiff appeals. Order affirmed, with $10 costs and disbursements. By the allegations of paragraphs “ Twelfth ”, “ Thirteenth ”, “ Twenty-Seventh ” and “ Twenty-Eighth ”, which were struck out at Special Term, plaintiff sought to recover damages for loss of consortium and medical expenses incurred in attempting to cure his wife of her mental illness, allegedly…

2Cases cited3 opinions

  1. Garrison v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1912
  2. Wilson v. . GoitNew York Court of Appeals · 1858
  3. Hutchinson v. SternAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by10 opinions

  1. Maidman v. StaggAppellate Division of the Supreme Court of the State of New York · 1981
  2. Maddox v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  3. Kalina v. General Hospital of the City of SyracuseNew York Supreme Court · 1961
  4. Naphtali v. LafazanNew York Supreme Court · 1957
  5. Sauls v. Bristol-Myers Co.District Court, S.D. New York · 1978

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