Reilly v. State

Upon this application to dismiss the claim, pursuant to rule 106 of the Rules of Civil Practice, on the ground that it fails to state facts sufficient to constitute a cause of action, the allegations are assumed to be true and given the benefit of every intendment and fair inference. (Locke v. Pembroke, 280 N. Y. 430; Dyer v. Broadway Central Bank, 252 N. Y. 430.)

The claim is “ for false arrest, malicious prosecution and illegal and unlawful detention of the claimant in State’s prison ” and is predicated „upon the following salient facts, extricated from a narrative and verbose pleading: In…