Legal Opinion
Potash v. Sacks
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 1953PublishedCited by 5 opinions
1Opinion of the Court
In an action characterized by plaintiff as one to recover damages for malicious prosecution, or “ on the case, for malicious conduct resulting in damages ”, plaintiff appeals from an order dismissing the complaint, with leave to serve an amended complaint. Order affirmed, with $10 costs and disbursements, with leave to appellant, if he be so advised, to serve an amended complaint within ten days after the entry of the order hereon. The complaint does not state a cause of action for malicious prosecution, since no judicial proceeding is alleged to have been instituted. (Barry v. Third Ave. B.…
2Cases cited7 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Rager v. McCloskeyNew York Court of Appeals · 1953
- Al Raschid v. News Syndicate Co.New York Court of Appeals · 1934
- Frawley Chemical Corp. v. A. P. Larson Co.Appellate Division of the Supreme Court of the State of New York · 1949
- Keefe v. . LeeNew York Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Zimmerman v. City of New YorkNew York Supreme Court · 1966
- Stillman v. Paramount Pictures Corp.New York Supreme Court · 1956
- Selkowe v. BleicherAppellate Division of the Supreme Court of the State of New York · 1955
- Karash v. KolatchNew York Supreme Court · 1961
- Roberts v. B. Gertz, Inc.New York Supreme Court · 1960