Legal Opinion

Dakis v. City of New York

Appellate Terms of the Supreme Court of New York

Decided February 14, 1957PublishedCited by 2 opinions

1Per curiam

The warrant was issued at a time when plaintiff was knowingly in default in the payment of his fine. The payment of the fine after the issuance of the warrant did not render the warrant void. The arresting officer was a mere ministerial employee confronted with a directive for the arrest of the plaintiff and in obeying it he did not subject himself or the municipality to an action for false arrest and imprisonment. (Nastasi v. State of New York, 275 App. Div. 534, affd. 300 N. Y. 473; Fishbein v. State of New York, 204 Misc. 151, affd. 282 App. Div. 600; see, also, Vittorio v. St. Regis Paper…

2Cases cited4 opinions

  1. Nastasi v. StateNew York Court of Appeals · 1949
  2. Fishbein v. StateAppellate Division of the Supreme Court of the State of New York · 1953
  3. Vittorio v. St. Regis Paper Co.New York Court of Appeals · 1924
  4. Fishbein v. StateNew York Court of Claims · 1953

3Cited by2 opinions

  1. Doran v. SavocaNew York Supreme Court · 1963
  2. Glynn v. StateNew York Court of Claims · 1965

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