Legal Opinion
McMillan v. Williams
New York Supreme Court
Decided October 26, 1982PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin Evans, J.
This plaintiff’s motion pursuant to CPLR 3213 raises a question of first impression: can a guilty plea alone be a sufficient predicate for summarily awarding damages via a motion for summary judgment in lieu of complaint?
The case at bar arises from a street altercation on July 24, 1981 between the plaintiff and defendant. The defendant was arrested and charged with assault in the third degree. (Penal Law, § 120.00.) On August 13,1981, in Part AP 17 of the Criminal Court (Mogel, J.), the defendant pleaded guilty to the charge. Following entry of the guilty…
2Cases cited14 opinions
- S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Read v. SaccoAppellate Division of the Supreme Court of the State of New York · 1975
- Masters v. BeckerAppellate Division of the Supreme Court of the State of New York · 1964
- Cumberland Pharmacy, Inc. v. BlumAppellate Division of the Supreme Court of the State of New York · 1979
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pizzuto v. County of NassauDistrict Court, E.D. New York · 2003
- Minnifield v. StateCourt of Criminal Appeals of Alabama · 1983
- Hughes v. FarreyAppellate Division of the Supreme Court of the State of New York · 2006
- Lewis v. StateCourt of Criminal Appeals of Alabama · 1985
- Cecuk v. MacAdooAppellate Division of the Supreme Court of the State of New York · 2001