Legal Opinion

Smith-Hunter v. Harvey

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1999PublishedCited by 3 opinions

1Opinion of the Court

*240OPINION OF THE COURT

Mercure, J.

Following a February 21, 1996 altercation between plaintiff and defendant Jonathan Harvey at the law offices of defendant Harvey and Harvey, Harvey & Mumford, Jonathan Harvey had plaintiff charged in Albany City Court with tréspass, a violation (see, Penal Law § 140.05). City Court ultimately dismissed the charge on statutory speedy trial grounds (see, CPL 30.30). Plaintiff then commenced this malicious prosecution action. Following joinder of issue, defendants moved for summary judgment dismissing the complaint upon the ground that the underlying criminal…

2Cases cited20 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Broughton v. StateNew York Court of Appeals · 1975
  3. Murphy v. LynnCourt of Appeals for the Second Circuit · 1997
  4. Hollender v. Trump Village Cooperative, Inc.New York Court of Appeals · 1983
  5. Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909

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3Cited by3 opinions

  1. Smith-Hunter v. HarveyNew York Court of Appeals · 2000
  2. Plataniotis v. TWE-Advance/ Newhouse PartnershipAppellate Division of the Supreme Court of the State of New York · 2000
  3. Smith-Hunter v. HarveyNew York Court of Appeals · 2000

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