Gordetsky v. Shell Eastern Petroleum Products, Inc.

KALODNER, District Judge.

The plaintiff has appealed from the action of the court below in granting defendant’s motion to strike his complaint for sham, and also from the dismissal of the action and the entry of judgment in favor of the defendant.

Plaintiff filed his complaint in an action of malicious prosecution, grounded on his arrest pursuant to complaint of defendant’s agents, and the ignoring of the bill of indictment by the grand jury.

The defendant filed a motion to strike the complaint on the ground that the same was sham, in that the defendant had probable catase. Defendant in support…