Legal Opinion

Cunningham v. State

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1979No. Claim No. 61891PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Sweeney, J.

While the claim in question is somewhat unclear, from our reading and analysis, we are of the view that it seeks to allege causes of action for malicious prosecution, abuse of process and violation of constitutional rights. The claim is an outgrowth of the investigation by Deputy Attorney-General Maurice Nadjari, resulting in four indictments against appellant, all of which were subsequently dismissed. One of the dismissals was based, in part, on the "pervasively and fundamentally unfair presentation” by the Deputy Attorney-General, and another on the…

2Cases cited2 opinions

  1. Imbler v. PachtmanSupreme Court of the United States · 1976
  2. Schanbarger v. KelloggAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by25 opinions

  1. Rodrigues v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
  2. Santangelo v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  3. Claude H. v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1995
  4. Kirchner v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2013
  5. Terranova v. StateNew York Court of Claims · 1982

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