Legal Opinion

Millea v. City of New York

New York Supreme Court

Decided March 30, 1960PublishedCited by 3 opinions

1Opinion of the CourtMatthew M. Levy, J.

The defendant Shannon is a police-officer on the force of the defendant City of New York. Shannon arrested the plaintiff and charged him in effect with being a “ common gambler ”, guilty of a misdemeanor, in violation of section 974 of the Penal Law. The plaintiff was acquitted, and now sues in this action for alleged false arrest and imprisonment.

In paragraph 4 of his amended complaint, the plaintiff alleges that ‘ ‘ the arrest and imprisonment of the plaintiff were all accomplished by the defendants * * * without first having procured a warrant pursuant to law, and although no misdemeanor…

2Cases cited15 opinions

  1. Adams v. New YorkSupreme Court of the United States · 1904
  2. Curry v. MacKenzieNew York Court of Appeals · 1925
  3. People v. AdamsNew York Court of Appeals · 1903
  4. Russell v. BooksNew York Supreme Court · 1959
  5. People v. WoloskyNew York Court of Appeals · 1947

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3Cited by3 opinions

  1. Angrisani v. RosettiCivil Court of the City of New York · 1962
  2. Awad v. Universal Coconut Corp.New York Supreme Court · 1962
  3. People v. MasseyAppellate Terms of the Supreme Court of New York · 1963

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