Lepre v. Kessler

This is a motion by the defendants for summary judgment pursuant to rule 113 of the Buies of Civil Practice. The complaint alleges causes of action for false arrest, malicious prosecution and abuse of process.

In behalf of his cause of action for false arrest the plaintiff claims that the defendants caused him. to be falsely arrested under a void order of arrest issued by a Justice of the City Court. It is claimed that the order was void in that it was based on *61papers which were insufficient in law to sustain the order of arrest. An examination of the papers upon which the order was based does…