Legal Opinion
Nappi v. Kappeler
New York Supreme Court
Decided March 28, 1983PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Bernard F. McCaffrey, J.
Motion by defendants for summary judgment is granted to the extent hereinafter indicated and is otherwise denied.
At the outset the cardinal issue to be determined is whether, subsequent to the June 1, 1982 amendment to CPL 170.55 (L 1982, ch 134, § 1), the taking of an adjournment in contemplation of dismissal (ACD) precludes the commencement of an action for malicious prosecution and false arrest.
CPL 170.55 was amended by adding subdivision 6 thereof, which states as follows: “The granting of an adjournment in contemplation of dismissal shall not…
2Cases cited7 opinions
- People v. DeforeNew York Court of Appeals · 1926
- Susskind v. Ipco Hospital Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- Pagliabulo v. PagliabuloAppellate Division of the Supreme Court of the State of New York · 1968
- Defore v. New YorkSupreme Court of the United States · 1926
- Fair v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by3 opinions
- Lancaster v. KindorAppellate Division of the Supreme Court of the State of New York · 1984
- Stay v. HorvathAppellate Division of the Supreme Court of the State of New York · 1991
- Pleickhardt v. LippmanNew York Supreme Court · 1997