Bienenstock v. McCoy

Motion is by defendant William S. Conklin, Justice of the Peace of the Town of Monroe, New York, to dismiss the complaint on the ground that the alleged negligent acts complained of were performed by him in a legal proceeding then pending before him in a Court of Special Sessions, of which the court and the Justice had jurisdiction, by reason of which he was immune from liability for any judicial act done or omitted.

Plaintiff’s complaint of false arrest is that on July 1, 1948, he was charged with a traffic violation, and on July 7,1948, paid the fine imposed by Police Justice Conklin; but…