Legal Opinion

Kirchner v. County of Niagara

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

Decided June 28, 2013PublishedCited by 14 opinions

1Opinion of the Court

Appeals from an order of the Supreme Court, Niagara County (Catherine Nugent Panepinto, J.), entered February 1, 2012. The order denied the motions of defendants to dismiss the complaint, and granted the cross motion of plaintiff for leave to amend the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this malicious prosecution action after he was arrested and indicted for the death of his seven-month-old daughter. Supreme Court, inter alia, denied the motions of defendants insofar as they sought to dismiss the…

2Cases cited25 opinions

  1. Imbler v. PachtmanSupreme Court of the United States · 1976
  2. Leon v. MartinezNew York Court of Appeals · 1994
  3. Buckley v. FitzsimmonsSupreme Court of the United States · 1993
  4. Burns v. ReedSupreme Court of the United States · 1991
  5. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by14 opinions

  1. Spring v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 2017
  2. Place v. CiccotelliAppellate Division of the Supreme Court of the State of New York · 2014
  3. Kirchner v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2017
  4. Smithers v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 2016
  5. Christopher M. v. MineoAppellate Division of the Supreme Court of the State of New York · 2021

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