Legal Opinion

Cardi v. Supermarket General Corp.

District Court, E.D. New York

Decided July 24, 1978No. 77 C 662PublishedCited by 14 opinions

1Opinion of the Court

DECISION

GEORGE C. PRATT, District Judge:

In this diversity action, plaintiff asserted claims of false arrest, malicious prosecution and defamation against defendant Supermarket General Corp., after an employee of the defendant had detained plaintiff for alleged shoplifting, and then filed against him a criminal complaint which was ultimately dismissed following an adjournment in contemplation of dismissal (ACOD) pursuant to New York Criminal Procedure Law § 170.55.

An action for malicious prosecution seeks tort damages for the initiation of a criminal prosecution which is without justification.…

2Cases cited2 opinions

  1. Broughton v. StateNew York Court of Appeals · 1975
  2. Martin v. City of AlbanyNew York Court of Appeals · 1977

3Cited by14 opinions

  1. Jerome Singleton v. City of New York, Ronald Salzer and Anthony DellaventuraCourt of Appeals for the Second Circuit · 1980
  2. Hollender v. Trump Village Cooperative, Inc.New York Court of Appeals · 1983
  3. Russo v. State of New YorkCourt of Appeals for the Second Circuit · 1982
  4. Russo v. New YorkCourt of Appeals for the Second Circuit · 1982
  5. Manbeck v. MickaDistrict Court, S.D. New York · 2009

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