Kischel v. Flamik

260 A.D. 938, 23 N.Y.S.2d 264, 1940 N.Y. App. Div. LEXIS 5541

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 12, 1940
• Status: Published

Opinion

In an action for false arrest and imprisonment, judgment for defendant unanimously affirmed, with costs. The showing as contained in the depositions and information called upon the defendant as a justice of the peace to make a judicial determination, for which he cannot be held liable even though it were erroneous. (Vittorio v. St. Regis Paper Co., 239 N. Y. 148, 152; Swart v. Richard, 148 id. 264; Smith v. Bell & Fyfe Foundry Co., 127 App. Div. 278; McCarg v. Burr, 106 id. 275, 279.) Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ.