Gebbie v. Gertz Division of Allied Stores of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, J.
The question to be decided on this appeal is whether the privilege conferred upon a criminal defendant pursuant to CPL 160.50 is waived when he later institutes a civil action to recover damages for false arrest and malicious prosecution.
The question must be answered in the affirmative.
*166In his complaint, plaintiff pleaded causes of action based upon allegations of false arrest and malicious prosecution arising out of an incident which occurred in defendant’s store in Hicksville on December 20,1978, at approximately 5:00 p.m. At that time and place, plaintiff was…
2Cases cited9 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Koump v. SmithNew York Court of Appeals · 1969
- Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
- Jacques v. Sears, Roebuck & Co.New York Court of Appeals · 1972
- Maxie v. Gimbel Bros.New York Supreme Court · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ragland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Taylor v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
- Wright v. SnowAppellate Division of the Supreme Court of the State of New York · 1991
- Kalogris v. RobertsAppellate Division of the Supreme Court of the State of New York · 1992
- Lundell v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1986
16 more not listed; retrieve them via the Exa API.