McClellan v. New York City Transit Authority

OPINION OF THE COURT

Herbert Kramer, J.

This is a motion made during trial at the end of plaintiff’s case, renewed at the close of defendant’s case, to dismiss each cause of action. The court denied the motion as to causes of action for assault, battery and false imprisonment.

The court is presented with a question whether plaintiff has proven a prima facie case on the cause of action of malicious prosecution,* specifically as to an element thereof, the requirement of the commencement of a criminal action. The court must decide whether the issuance of a Desk Appearance Ticket (hereinafter…