Legal Opinion
Melito v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1994PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously modified on the law and as modified affirmed without costs and new trial granted on second and third causes of action in accordance with the following Memorandum: Supreme Court erred in granting defendant’s motion to dismiss at the close of the proof plaintiff’s second and third causes of action for false arrest and malicious prosecution. Such a motion should not be granted "unless it is clear that there is no rational basis whereby the jury might find in favor of the plaintiff” (Grizzanto v Golub Corp., 188 AD2d 1015). The non-moving party is entitled to "every…
2Cases cited9 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
- Gisondi v. Town of HarrisonNew York Court of Appeals · 1988
- Ross v. Village of Wappingers FallsAppellate Division of the Supreme Court of the State of New York · 1978
- Van Syckle v. PowersAppellate Division of the Supreme Court of the State of New York · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fincher v. County of WestchesterDistrict Court, S.D. New York · 1997
- Chase v. Town of CamillusAppellate Division of the Supreme Court of the State of New York · 1998
- Gallagher v. StateNew York Court of Claims · 1997
- People v. HoganRochester City Court · 2004
- Roman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006