Aviles v. State

Appellate Division of the Supreme Court of New York

Aviles v. State

131 A.D.2d 710, 516 N.Y.S.2d 910, 1987 N.Y. App. Div. LEXIS 48173

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

DecidedJune 22, 1987

StatusPublished

This text of 131 A.D.2d 710 (Aviles v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aviles v. State, 131 A.D.2d 710, 516 N.Y.S.2d 910, 1987 N.Y. App. Div. LEXIS 48173 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a claim to recover damages, inter alia, for malicious prosecution and false imprisonment, the claimant appeals from an order of the Court of Claims (McCabe, J.), dated August 15, 1986, which granted the State of New York’s motion to dismiss the claim.

Ordered that the order is affirmed, without costs or disbursements.

The Court of Claims correctly dismissed the instant claim since, under the circumstances presented, the claimant’s confinement did not give rise to an actionable wrong. Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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In a claim to recover damages, inter alia, for malicious prosecution and false imprisonment, the claimant appeals from an order of the Court of Claims (McCabe, J.), dated August 15, 1986, which granted the State of New York’s motion to dismiss the claim.

Ordered that the order is affirmed, without costs or disbursements.

The Court of Claims correctly dismissed the instant claim since, under the circumstances presented, the claimant’s confinement did not give rise to an actionable wrong. Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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Bluebook (online)

131 A.D.2d 710, 516 N.Y.S.2d 910, 1987 N.Y. App. Div. LEXIS 48173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aviles-v-state-nyappdiv-1987.