Schneider v. Schlang
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Barnet S. Schneider, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 30th day of June, 1913, upon the dismissal of the complaint by direction of the court at the opening, upon the ground that it failed to state facts sufficient to constitute a cause of action.
1Opinion of the Court
Laughlin, J.:
The action is for malicious prosecution. The plaintiff sufficiently alleges that the defendant appeared in the City Magistrate’s Court and charged and accused him with having committed the crime of larceny, “and prayed” that plaintiff be required to answer in said court for the alleged crime, whereupon a summons was duly issued and served on plaintiff requiring him “under penalty of the law” to appear in said court at a time and place specified, “ there to answer the criminal charge made against him ” by the defendant; that the charge was false and defendant knew it to be false,…
2Cases cited2 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Ackermann v. BerrimanCity of New York Municipal Court · 1908
3Cited by5 opinions
- Rosario v. Amalgamated Ladies' Garment Cutters' Union, Local 10Court of Appeals for the Second Circuit · 1979
- Thomas Rosario, Ovidio Vega and Ray Cabel v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., Abe Dolgen, Individually and as Manager of Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., and the City of New York, Thomas Rosario, Ovidio Vega and Ray Cabel v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., and International Ladies' Garment Workers' Union, Afl-CioCourt of Appeals for the Second Circuit · 1979
- Watson v. City of New YorkCivil Court of the City of New York · 1968
- State v. WilliamsSupreme Court of Louisiana · 1939
- Chopak v. SidneyAppellate Division of the Supreme Court of the State of New York · 1957