Legal Opinion

Andriola v. State

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

Decided July 15, 1976No. Claim No. 52312PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment, entered June 20, 1972, upon a decision of the Court of Claims, which dismissed the claim. Claimant asserts this claim for false arrest, assault, and malicious prosecution arising out of *967an incident at Shakey’s Pizza Parlor on Route 9 in Latham on June 6, 1969. On that date claimant and four coworkers from the Keeler Carlson Mercedes Benz dealership went to Shakey’s for beer and pizza after work. They arrived about 5:30 p.m. and took seats at one end of a 15-foot-long picnic table. By about 8:00 p.m. they had consumed, by claimant’s testimony, three pitchers of beer and…

2Cases cited3 opinions

  1. Dependable Trucking Company, Inc. v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1973
  2. Forest v. Elliott Truck & Tractor Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
  3. Forest v. Elliott Truck & Tractor Sales, Inc.New York Court of Appeals · 1969

3Cited by9 opinions

  1. Claim of Welch v. StateAppellate Division of the Supreme Court of the State of New York · 1979
  2. Perry v. StateAppellate Division of the Supreme Court of the State of New York · 1978
  3. Gibson v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1978
  4. Finnerty v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
  5. Avila v. StateNew York Court of Claims · 1986

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