Legal Opinion
Barnes v. Bollhorst
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1961PublishedCited by 6 opinions
1Opinion of the Court
Questions of fact exist: (1) as to whether defendant, a private person, instigated or directed the arrest and imprisonment, as distinguished from merely furnishing information to police officers who made the arrest, for their guidance (cf. Francis v. Taft Cleaners & Dyers, 281 App. Div. 893, motion for reargument and for leave to appeal denied 281 App. Div. 983, motion for leave to appeal denied 305 N. Y. 930; Stearns v. New York City Tr. Auth., 24 Misc 2d 216, affd. 12 A D 2d 451); and (2) as to whether there was probable cause for the arrest and imprisonment (cf. Agar v. Kelsey, 253 App.…
2Cases cited3 opinions
- Stearns v. New York City Transit AuthorityNew York Supreme Court · 1960
- Agar v. KelseyAppellate Division of the Supreme Court of the State of New York · 1937
- Francis v. Taft Cleaners & Dyers, Inc.Appellate Division of the Supreme Court of the State of New York · 1953
3Cited by6 opinions
- Rosario v. Amalgamated Ladies' Garment Cutters' Union, Local 10Court of Appeals for the Second Circuit · 1979
- Mesiti v. WegmanAppellate Division of the Supreme Court of the State of New York · 2003
- Harry Warren and Stephen Nanna v. Edward Byrne and John GuldiCourt of Appeals for the Second Circuit · 1983
- Thomas Rosario, Ovidio Vega and Ray Cabel v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., Abe Dolgen, Individually and as Manager of Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., and the City of New York, Thomas Rosario, Ovidio Vega and Ray Cabel v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., and International Ladies' Garment Workers' Union, Afl-CioCourt of Appeals for the Second Circuit · 1979
- Lowmack v. Eckerd Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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