Legal Opinion

Gagliano v. County of Nassau

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

Decided July 5, 2006PublishedCited by 9 opinions

1Opinion of the Court

In an action to recover damages for use of excessive force, false arrest, and malicious prosecution under 42 USC § 1983, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), entered February 6, 2004, which, upon the granting of the defendants’ motion pursuant to CPLR 4401 for judgment as a matter of law, made at the close of the plaintiffs evidence, dismissed the complaint.

Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the first cause of action to recover damages for false arrest; as so modified, the judgment…

2Cases cited9 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  3. Broughton v. StateNew York Court of Appeals · 1975
  4. Colon v. City of New YorkNew York Court of Appeals · 1983
  5. Higgins v. City of OneontaAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by9 opinions

  1. Holland v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2011
  2. Batten v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  3. Diederich v. Nyack HospitalAppellate Division of the Supreme Court of the State of New York · 2008
  4. Washington-Herrera v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2012
  5. Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017

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