Legal Opinion

Barone v. City of Mount Vernon

Appellate Division of the Supreme Court of the State of New York

Decided February 19, 1991PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages based on malicious prosecution and a violation of the plaintiff’s Federal constitutional rights (42 USC § 1983), the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Coppola, J.), dated November 7, 1988, which, after a jury trial on the issue of liability, is in favor of the defendants and against him.

Ordered that the judgment is affirmed, with one bill of costs.

In connection with the plaintiff’s first cause of action, based on the tort of malicious prosecution, the trial court charged the jury that, in order to prevail, the plaintiff…

2Cases cited9 opinions

  1. Anderson v. CreightonSupreme Court of the United States · 1987
  2. Malley v. BriggsSupreme Court of the United States · 1986
  3. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  4. Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
  5. Barry v. ManglassNew York Court of Appeals · 1981

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Clements v. LindseyAppellate Division of the Supreme Court of the State of New York · 1997
  2. Kim v. CippolaAppellate Division of the Supreme Court of the State of New York · 1996
  3. Gross v. FontanoAppellate Division of the Supreme Court of the State of New York · 1994
  4. Kraus v. RotemAppellate Division of the Supreme Court of the State of New York · 1998
  5. Tesoro v. RozzaAppellate Division of the Supreme Court of the State of New York · 1999

3 more not listed; retrieve them via the Exa API.

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