Legal Opinion
Howland v. State
New York Court of Claims
Decided March 7, 1985No. Claim No. 69055PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas J. Lowery, Jr., J.
In an action seeking money damages for false arrest, false imprisonment, and malicious prosecution, the defendant, State of New York, moves for an order granting summary judgment. (CPLR 3212.) The claimant has stipulated that an order be entered dismissing that portion of his claim that asserts a cause of action for false arrest and false imprisonment, leaving only the cause of action for malicious prosecution that need be addressed.
A cause of action for malicious prosecution is established when the claimant proves: (1) a commencement or…
2Cases cited22 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Hollender v. Trump Village Cooperative, Inc.New York Court of Appeals · 1983
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by3 opinions
- Gallagher v. StateNew York Court of Claims · 1997
- Gilmore v. GoldDistrict Court, E.D. New York · 1986
- People v. RoopnarineNew York District Court · 2006