Legal Opinion
Jenks v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 1995No. Claim No. 81402; Claim No. 81403; Claim No. 81404; Claim No. 81405; Claim No. 81406; Claim No. 81407; Claim No. 81408PublishedCited by 4 opinions
1Opinion of the Court
—In seven jointly tried claims to recover damages for false arrest, false imprisonment and malicious prosecution, the claimants appeal from seven judgments of the Court of Claims (Corbett, J.) (one as to each of them), all dated June 4, 1993, which after a nonjury trial, dismissed their respective claims.
Ordered that the judgments are affirmed, with one bill of costs.
To recover damages for malicious prosecution, it is necessary to show an absence of probable cause to make the arrest and to maintain the subsequent criminal proceeding (see, Weingarten v Halfpenny Auto Parts, 138 AD2d 373, 374;…
2Cases cited10 opinions
- Adams v. WilliamsSupreme Court of the United States · 1972
- Broughton v. StateNew York Court of Appeals · 1975
- Colon v. City of New YorkNew York Court of Appeals · 1983
- People v. SandersAppellate Division of the Supreme Court of the State of New York · 1980
- People v. MinerNew York Court of Appeals · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Batten v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Semmig v. CharlackAppellate Division of the Supreme Court of the State of New York · 2016
- Thompson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
- Boone v. PostDistrict Court, W.D. New York · 2021