Legal Opinion
Gullo v. Graham
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1998PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted the motion of defendants Alan Graham and *976County of Wayne for summary judgment dismissing the complaint against them. Those defendants established their entitlement to summary judgment on the malicious prosecution cause of action by submitting a judicial determination of probable cause in a criminal prosecution (see, Brown v Roland, 215 AD2d 1000, 1001, lv dismissed 87 NY2d 861). A presumption of probable cause “can be overcome only upon a showing of fraud, perjury or the withholding of evidence” (Brown v…
2Cases cited6 opinions
- Gisondi v. Town of HarrisonNew York Court of Appeals · 1988
- Butler v. RatnerAppellate Division of the Supreme Court of the State of New York · 1994
- Conkey v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Gisondi v. Town of HarrisonAppellate Division of the Supreme Court of the State of New York · 1986
- Brown v. RolandAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nazario v. StateNew York Court of Claims · 2009
- Hoffman v. ColleluoriAppellate Division of the Supreme Court of the State of New York · 2016
- Bratge v. SimonsAppellate Division of the Supreme Court of the State of New York · 2018