Legal Opinion
Chmielewski v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1980PublishedCited by 8 opinions
1Opinion of the Court
Order unanimously reversed, without costs, and motion denied. Memorandum: The sole issue on this appeal from an order granting defendant’s motion for summary judgment in an action for malicious prosecution is whether the prior prosecution terminated in favor of the plaintiff. The prior criminal action was based on a misdemeanor complaint signed by the defendant accusing the plaintiff of having committed the crime of reckless endangerment in the second degree. That action was dismissed in the Town of Parish Justice Court upon the plaintiff’s motion apparently because the complaint did not…
2Cases cited3 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Keller v. ButlerNew York Court of Appeals · 1927
- Reit v. MeyerAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by8 opinions
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Lenehan v. FamiloAppellate Division of the Supreme Court of the State of New York · 1981
- Callan v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
- Maskantz v. HayesAppellate Division of the Supreme Court of the State of New York · 2007
- Brown v. BrownAppellate Division of the Supreme Court of the State of New York · 1982
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