Legal Opinion
Werthner v. Olenin
New York Supreme Court
Decided December 17, 1945PublishedCited by 11 opinions
1Opinion of the CourtBenvenga, J.
TMs is a motion to set aside a verdict in an action for malicious prosecution on the ground that the evidence adduced on the trial is substantially the same as that given on a previous trial, and that, in view of the affirmance by the Appellate Division of the order setting aside the verdict on that trial (269 App. Div. 742), the law of the case requires that the present verdict be set aside.
The issue presented on both trials was whether a certain criminal prosecution was instituted maliciously and without probable cause. On the first trial, the defendant moved to dismiss the complaint on the…
2Cases cited17 opinions
- Hornstein v. PodwitzNew York Court of Appeals · 1930
- Reamer's EstateSupreme Court of Pennsylvania · 1938
- Walker v. GerliAppellate Division of the Supreme Court of the State of New York · 1939
- Hornstein v. PodwitzAppellate Division of the Supreme Court of the State of New York · 1930
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fadden v. Cambridge Mutual Fire InsuranceNew York Supreme Court · 1966
- Stanray Corporation v. Horizon Construction, Inc.Indiana Court of Appeals · 1976
- In re RoseNew York Supreme Court · 1981
- Department of Mental Hygiene v. RenelCity of New York Municipal Court · 1957
- Puro v. PuroNew York Supreme Court · 1976
6 more not listed; retrieve them via the Exa API.