Legal Opinion
Dempsey v. Masto
Appellate Division of the Supreme Court of the State of New York
Decided July 23, 1981PublishedCited by 8 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court, entered January 15,1980 in Fulton County, upon a verdict rendered at a Trial Term (Walsh, Jr., J.), in favor of plaintiff. On this appeal, defendant urges reversal for the alleged failure of the trial evidence to support the judgment in favor of plaintiff in an action for malicious prosecution. The four elements of such an action, enumerated in Broughton v State of New York (37 NY2d 451, 457), were competently and carefully defined and explained to the jury in the course of its charge by the trial court. The only element requiring comment and the…
2Cases cited5 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Hopkinson v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
- Burns v. . WilkinsonNew York Court of Appeals · 1920
- Anderson v. DyerAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by8 opinions
- Viza v. Town of GreeceAppellate Division of the Supreme Court of the State of New York · 1983
- Strader v. AshleyAppellate Division of the Supreme Court of the State of New York · 2009
- Russ v. State Employees Federal Credit UnionAppellate Division of the Supreme Court of the State of New York · 2002
- Donnelly v. MoraceAppellate Division of the Supreme Court of the State of New York · 1990
- Dempsey v. MastoNew York Court of Appeals · 1982
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