Giarrusso v. City of Albany
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Mercure, J.
Appeal from that part of an order of the Supreme Court (Prior Jr., J.), entered May 16, 1989 in Albany County, which denied plaintiff John Giarrusso’s motion for counsel fees.
In October 1980 plaintiffs, John Giarrusso (hereinafter plaintiff) and his brother, Carl Giarrusso, commenced suit against defendants, the City of Albany, its police department and Officer Richard P. Maniscalco, for false arrest, malicious prosecution and violation of plaintiffs’ civil rights under 42 USC § 1983. Following a trial in October 1988, the jury returned a verdict in favor of plaintiff in the…
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