Legal Opinion

Linehan v. State

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

Decided February 28, 1994No. Claim No. 80341APublishedCited by 2 opinions

1Opinion of the Court

In a claim for damages for false arrest and malicious prosecution, the claimants appeal from a judgment of the Court of Claims (Silverman, J.), dated December 4, 1991, which, after a bifurcated nonjury trial, dismissed the claim.

Ordered that the judgment is affirmed, with costs.

The court’s finding that there was probable cause for the warrantless arrest of the claimants was not against the weight of the credible evidence (see, La Voie v State of New York, 91 AD2d 749). The claimant Teresa Linehan resisted the efforts of a court officer to keep her away from the area where a disturbance was…

2Cases cited1 opinion

  1. La Voie v. StateAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by2 opinions

  1. Decker v. CampusDistrict Court, S.D. New York · 1997
  2. Bey v. RocDistrict Court, E.D. New York · 2025

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