Legal Opinion

Ellison v. Town of Hempstead

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

Decided May 19, 2003Published

1Opinion of the Court

—In an action to recover damages for malicious prosecution, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Skelos, J.), entered February 8, 2002, which, upon a jury verdict in favor of the defendants and against him, dismissed the complaint.

Ordered that the judgment is affirmed, with one bill of costs.

Contrary to the plaintiffs contention, the trial court properly gave a charge on the element of initiation (see generally Rohman v New York City Tr. Auth., 295 AD2d 333 [2002]; Dudick v Gulyas, 277 AD2d 686 [2000]; Dempsey v Masto, 83 AD2d 725, 726 [1981], affd 56…

2Cases cited4 opinions

  1. Dudick v. GulyasAppellate Division of the Supreme Court of the State of New York · 2000
  2. Dempsey v. MastoAppellate Division of the Supreme Court of the State of New York · 1981
  3. Dempsey v. MastoNew York Court of Appeals · 1982
  4. Rohman v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002

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