Doran v. Savoca

Ellis J. Staley, Jr., J.

This is a motion for summary judgment by the defendants for a dismissal of the complaint for failure to raise triable issues of fact.

The action is for malicious prosecution and false arrest against the defendants, a police officer of the Town of Colonie, a Justice of the Peace of the Town of Colonie, and the Town of Colonie, Albany County, New York, as a municipal corporation.

The undisputed facts established from the testimony of the plaintiff and the defendants, Savoca and Lucey, taken at examinations before trial establish that on December 17, 1958 the plaintiff was…