Smith v. Bower
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order reversed on the law, with $10 costs and disbursements, and motion granted, unless plaintiff stipulates within ten days from the entry of the order herein that she intends to state and does state one cause of action only in her complaint, namely, a cause of action for malicious prosecution, and that allegations of other tortious acts contained in the complaint are alleged only by way of claims of malice and aggravation of damages claimed for the malicious prosecution. In the event that the plaintiff shall so stipulate the order will be affirmed, with $10 costs and disbursements to…
2Cited by3 opinions
- Richardson v. Long Island Rail RoadNew York Supreme Court · 1947
- Benson v. Society of New York HospitalAppellate Division of the Supreme Court of the State of New York · 1954
- Gauthier v. Port of New York AuthorityNew York Supreme Court · 1957