Fusario v. Cavallaro

The plaintiff and the defendant were occupants of adjoining buildings, separated by a narrow alley-way. While the defendant was shoveling snow from this alley-way he was assaulted by one. Frank Fusario, a brother of the plaintiff. The plaintiff was not present at the time, and the defendant, shortly afterward, stated to a policeman that it was not the plaintiff but his brother Frank who had committed the assault. Later, however, as a result of statements made to the police by one Mrs. DeFelice, the plaintiff was arrested on a charge of breach of the peace, to which a charge of assault with-…