Francisco v. Little Falls Dairy Co.

Plaintiff sues for damages for false arrest and malicious prosecution. Defendant heretofore moved to dismiss the complaint for failure to state facts sufficient to constitute a cause of action, and for other relief. Motion was denied as to the cause of action for false arrest and was granted as to the cause of action for malicious prosecution, with leave to serve an amended complaint (163 Misc. 165). Both parties appealed from the order entered upon said motion. The appellate court affirmed the order with slight modification to the effect that plaintiff should serve an entirely new complaint.…