Legal Opinion
Chappelle v. Gross
Appellate Division of the Supreme Court of the State of New York
Decided November 3, 1966PublishedCited by 29 opinions
1Opinion of the CourtCapozzoli, J.
It is clear that the term malicious prosecution is used interchangeably to cover alleged wrongs perpetrated upon a person, whether same were accomplished by initiating a criminal proceeding against him, maliciously and without probable cause, or instituting a civil action in which, as an incident thereof, resort is had to a provisional remedy, such as arrest, attachment or injunction, maliciously and without probable cause, and which interferes with his person or property.
“ An action for malicious prosecution is usually based upon an arrest in criminal proceedings, although it may be founded…
2Cases cited6 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Hauser v. BartowNew York Court of Appeals · 1937
- Sachs v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1924
- Schierloh v. KellyAppellate Division of the Supreme Court of the State of New York · 1938
- Long Island Bottlers' Union v. . SeitzNew York Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Belsky v. LowenthalAppellate Division of the Supreme Court of the State of New York · 1978
- Lincoln First Bank v. SiegelAppellate Division of the Supreme Court of the State of New York · 1977
- Chrysler Corp. v. Fedders Corp.District Court, S.D. New York · 1982
- Ellman v. McCartyAppellate Division of the Supreme Court of the State of New York · 1979
- Ford Motor Credit Co. v. Hickey Ford Sales, Inc.New York Court of Appeals · 1984
24 more not listed; retrieve them via the Exa API.