Reiss v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sylvan Levy, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28th day of August, 1914, denying his motion to vacate an order of arrest.
1Opinion of the Court
Thomas, J.:
The plaintiff avers that defendant wrongfully, maliciously and without probable cause procured his arrest and prosecution before a magistrate, by whom he was discharged. Upon the complaint and an affidavit repeating such averment, with the addition in effect that the arrest was for disorderly conduct and that the evidence before the magistrate showed plaintiff’s innocence, the defendant was arrested upon the order now sought to be vacated. The complaint avers; the affidavit should but does not present evidentiary facts. The plaintiff accuses defendant of malice, but states no fact…
2Cases cited2 opinions
- Francisco v. SchmeelkAppellate Division of the Supreme Court of the State of New York · 1913
- Diad v. ShibleyNew York Supreme Court · 1906
3Cited by4 opinions
- Groda v. American Stores CompanySupreme Court of Pennsylvania · 1934
- Burns v. NewmanAppellate Division of the Supreme Court of the State of New York · 1948
- Gelles v. RosenbaumNew York Supreme Court · 1931
- Mulinos v. WalkofAppellate Terms of the Supreme Court of New York · 1916