Devine v. Hammer

221 A.D. 50, 222 N.Y.S. 290, 1927 N.Y. App. Div. LEXIS 6368
Appellate Division of the Supreme Court of the State of New York·Decided June 3, 1927·Published·Cited by 1 cases

Opinions

Per Curiam.

A complaint in an action for false arrest must allege that the arrest was illegal or made without a warrant. The plaintiff having failed to allege such facts, the complaint was properly dismissed.

The judgment should, therefore, be affirmed, with costs.

Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.; O’Malley and Proskauer, JJ., dissent.

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Devine v. Hammer, 221 A.D. 50, 222 N.Y.S. 290, 1927 N.Y. App. Div. LEXIS 6368 (N.Y. Ct. App. 1927).

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