Schanbarger v. Baker

Appeal from an order of the Supreme Court at Special Term, entered November 26, 1979 in Washington County, which denied plaintiff’s *965motion for summary judgment and granted defendants leave to file an amended answer. On May 9, 1974, plaintiff was arrested by the New York State Police and charged with violations of the Penal Law and the Vehicle and Trafile Law. Shortly thereafter, he commenced an action for false arrest, but he was nonetheless convicted in Colonie Town Court. His convictions were ultimately reversed on appeal to the Albany County Court, however, and he then instituted a…