Dean v. . Kochendorfer
New York Court of Appeals
1Opinion of the CourtPound, J.
The action is for malicious prosecution and malicious abuse of process. On the trial plaintiff was nonsuited. Judgment was affirmed by a divided court. Plaintiff is a lawyer and defendant is a city magistrate. The controversy arose over the conduct of plaintiff at the Town Hall in Jamaica on April 25, 1921, where the Magistrate’s Court is held. While plaintiff was in the hallway, awaiting the arrival of a witness in a case set for trial on that day, he was ejected from the building by O’Leary, a police officer, who charged him with “ loitering,” against his protest that he was there in the…
2Cases cited7 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Director General of Railroads v. KastenbaumSupreme Court of the United States · 1923
- Carl v. . AyersNew York Court of Appeals · 1873
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Baldwin v. WeedNew York Supreme Court · 1837
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3Cited by93 opinions
- Curiano v. SuozziNew York Court of Appeals · 1984
- Savino v. City of New YorkCourt of Appeals for the Second Circuit · 2003
- Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
- Williams v. WilliamsNew York Court of Appeals · 1969
- Martin v. City of AlbanyNew York Court of Appeals · 1977
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