Legal Opinion

Byam v. City of New York

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

Decided December 8, 2009PublishedCited by 20 opinions

1Opinion of the Court

The plaintiff Earl Byam was arrested and indicted for the homicide of Martin Sweeting, who was killed by gunshots on September 26, 1993. Byam eventually was acquitted of that charge. He and his wife, suing derivatively, thereafter commenced this action, inter alia, to recover damages for false ar*799rest and malicious prosecution. The plaintiffs have been endeavoring, unsuccessfully, to obtain certain discovery from the defendants, almost from the inception of the action.

After initially failing to appear for depositions by the date set by the Supreme Court in April 1997 for the completion of…

2Cases cited9 opinions

  1. THOSE CERTAIN UNDERWRITERS AT LLOYDS v. Occidental Gems, Inc.New York Court of Appeals · 2008
  2. Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
  3. Maiorino v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  4. Savin v. Brooklyn Marine Park Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  5. In re AstorAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by20 opinions

  1. Montemurro v. Memorial Sloan-Kettering Cancer CenterAppellate Division of the Supreme Court of the State of New York · 2012
  2. Giano v. IoannouAppellate Division of the Supreme Court of the State of New York · 2010
  3. Pirro Group, LLC v. One Point Street, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  5. Flynn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012

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