Legal Opinion
Hollender v. Trump Village Cooperative, Inc.
New York Court of Appeals
Decided March 30, 1983PublishedCited by 121 opinions
1Opinion of the Court
*423OPINION OF THE COURT
Fuchsberg, J.
The issue on this appeal is whether an accused’s acceptance of an adjournment in contemplation of dismissal, popularly referred to by the acronym ACD or ACOD, constitutes a bar to a subsequent civil suit for false imprisonment or malicious prosecution. We hold that an ACOD disposition, authorized by CPL 170.55, is neither a conviction nor an acquittal. We further hold that while it, therefore, does not interdict an action for false imprisonment, it does bar one for malicious prosecution.
At about 8:00 p.m. on January 8, 1975, plaintiff Joanne Hollender, then…
2Cases cited14 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- People v. RickertNew York Court of Appeals · 1983
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Feinberg v. Saks & Co.New York Court of Appeals · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by121 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Murphy v. LynnCourt of Appeals for the Second Circuit · 1997
- Lanning v. City of Glens FallsCourt of Appeals for the Second Circuit · 2018
- Alvin Fulton Jr. v. Laurie RobinsonCourt of Appeals for the Second Circuit · 2002
- Theodore Rothstein v. Mark Carriere, and Multi-Media Distributing Co. Inc., Leisure Time Entertainment, Inc., and Leisure Time Products, Inc.Court of Appeals for the Second Circuit · 2004
116 more not listed; retrieve them via the Exa API.