Legal Opinion

Zagarella v. State

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

Decided April 10, 1989No. Claim No. 68308PublishedCited by 5 opinions

1Opinion of the Court

— In a claim, inter alia, to recover damages for malicious prosecution, the claimant appeals from a judgment of the Court of Claims (McCabe, J.), dated July 1, 1987, which is in favor of the State and against him, after a nonjury trial.

Ordered that the judgment is affirmed, without costs or disbursements.

We concur with the trial court’s determination that the cause of action to recover damages for malicious prosecution accrued on January 20, 1983, when the prosecutor consented *504to dismissal of the charges against the claimant in the underlying criminal proceeding (cf., Ciferri v State of New…

2Cases cited5 opinions

  1. Byrne v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  2. Matter of Thomas v. New York Temp. State Comm'n on Regulation of LobbyingNew York Court of Appeals · 1982
  3. Thomas v. New York Temporary State Commission On Regulation of LobbyingAppellate Division of the Supreme Court of the State of New York · 1981
  4. Davis v. StateAppellate Division of the Supreme Court of the State of New York · 1986
  5. Ciferri v. StateAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by5 opinions

  1. Welch v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  2. De La Rosa v. StateNew York Court of Claims · 1997
  3. Scott v. StateAppellate Division of the Supreme Court of the State of New York · 1994
  4. Casillas v. PeralesAppellate Division of the Supreme Court of the State of New York · 1989
  5. Nicholson v. StateNew York Court of Claims · 2008

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