Legal Opinion
Lynskey v. Bailey
Appellate Terms of the Supreme Court of New York
Decided May 23, 2005PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment reversed without costs and matter remanded to the *109court below for a new trial limited to the issue of damages in accordance with the decision herein.
To establish a cause of action for false imprisonment, “the plaintiff must show that: (1) the defendant intended to confine him, (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent to the confinement and (4) the confinement was not otherwise privileged” (Broughton v State of New York, 37 NY2d 451, 456 [1975]). “[T]he burden of proving privilege is upon the person or entity…
2Cases cited22 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Walker v. SheldonNew York Court of Appeals · 1961
- De Long v. County of ErieNew York Court of Appeals · 1983
- Love v. State of New YorkNew York Court of Appeals · 1991
- Laurie Marie M. v. Jeffrey T. M.Appellate Division of the Supreme Court of the State of New York · 1990
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ferris v. MillmanNew York Supreme Court · 2007