Legal Opinion
Zebrowski v. Bobinski
New York Court of Appeals
Decided July 7, 1938PublishedCited by 16 opinions
1Opinion of the CourtFinch, J.
Whether there is proof that criminal proceedings against the plaintiff were terminated on the merits in his favor, or at the sole request of the complainant, so as to permit the maintenance of an action for malicious prosecution, is the question to be determined.
The defendant Maxim Bobinski, who had a chattel mortgage or mortgages on a maturing crop of the plaintiff, had him arrested and arraigned before a justice of the peace for an alleged violation of section 940 of the Penal Law. That section makes it a misdemeanor for a person who has executed a mortgage on personal property to sell,…
2Cases cited4 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Levy's Store, Inc. v. Endicott-Johnson Corp.New York Court of Appeals · 1936
- Atwood v. BeirneNew York Supreme Court · 1893
3Cited by16 opinions
- Hollender v. Trump Village Cooperative, Inc.New York Court of Appeals · 1983
- Joiner v. Benton Community BankIllinois Supreme Court · 1980
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- DiBlasio v. City of New YorkCourt of Appeals for the Second Circuit · 1996
- Witcher v. Children's Television WorkshopAppellate Division of the Supreme Court of the State of New York · 1992
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