Boose v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Simons, J. P.
Plaintiff commenced this action for malicious prosecution alleging that defendant, acting through its police officers, wrongfully procured her indictment for assault, second degree. At the conclusion of plaintiff’s case, the trial court dismissed the cause of action for malicious prosecution, but permitted the trial to proceed. At the close of the evidence, the court solicited a motion to conform the pleadings to the proof and it *62then submitted the cause to the jury for recovery based upon negligence and false imprisonment. The jury returned a verdict of…
2Cases cited43 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Burt v. . SmithNew York Court of Appeals · 1905
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Dean v. . KochendorferNew York Court of Appeals · 1924
- Al Raschid v. News Syndicate Co.New York Court of Appeals · 1934
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3Cited by131 opinions
- Colon v. City of New YorkNew York Court of Appeals · 1983
- Bernard v. United StatesCourt of Appeals for the Second Circuit · 1994
- People v. DodtNew York Court of Appeals · 1984
- Heron v. StraderCourt of Appeals of Maryland · 2000
- Gisondi v. Town of HarrisonNew York Court of Appeals · 1988
126 more not listed; retrieve them via the Exa API.