Legal Opinion

Solomon v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1989PublishedCited by 11 opinions

1Opinion of the Court

*440OPINION OF THE COURT

Ross, J.

This appeal presents us with the issue of whether a claimant’s notice of claim, which was filed pursuant to Court of Claims Act § 8-b, to recover damages for unjust conviction and imprisonment, states a cause of action.

An "action for false imprisonment is derived from the ancient common-law action of trespass and protects the personal interest of freedom from restraint of movement” (Broughton v State of New York, 37 NY2d 451, 456 [1975], cert denied sub nom. Schanbarger v Kellogg, 423 US 929 [1975]).

Prior to 1984, in New York, relief for a person, who had been…

2Cases cited8 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. Broughton v. StateNew York Court of Appeals · 1975
  3. George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
  4. Eichner v. DillonNew York Court of Appeals · 1981
  5. Lanza v. StateAppellate Division of the Supreme Court of the State of New York · 1987

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In re Gail R.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Warney v. StateNew York Court of Appeals · 2011
  3. Morales v. StateNew York Court of Claims · 2000
  4. People v. SumpterCriminal Court of the City of New York · 1998
  5. Nieves v. StateAppellate Division of the Supreme Court of the State of New York · 1992

6 more not listed; retrieve them via the Exa API.

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