Legal Opinion
Schoonmaker v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 1983No. Claim No. 64498PublishedCited by 21 opinions
1Opinion of the Court
— The appeal is from an order of the Court of Claims (Lengyel, J.), dated July 28, 1982, which, inter alia, denied a cross motion to dismiss a claim for damages, inter alia, for false arrest and malicious prosecution. Order affirmed, without costs or disbursements. Upon the present posture of this case, the Court of Claims properly determined that there exists a factual dispute with respect to the circumstances of the termination of the underlying proceedings sufficient to bar summary judgment on the issue of malicious prosecution (see Loeb v Teitelbaum, 77 AD2d 92, 98, 101; cf. Whitmore v…
2Cases cited2 opinions
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Whitmore v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by21 opinions
- Gunzburg v. GunzburgAppellate Division of the Supreme Court of the State of New York · 1989
- Lanza v. StateAppellate Division of the Supreme Court of the State of New York · 1987
- Rohdie v. Michael Guidice, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Wright v. WrightAppellate Division of the Supreme Court of the State of New York · 1994
- Kohilakis v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 1990
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