Trotta v. Sturman

Appellate Division of the Supreme Court of New York

Trotta v. Sturman

51 A.D.2d 786, 379 N.Y.S.2d 490, 1976 N.Y. App. Div. LEXIS 11354

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

DecidedFebruary 17, 1976

StatusPublished

This text of 51 A.D.2d 786 (Trotta v. Sturman) 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

Trotta v. Sturman, 51 A.D.2d 786, 379 N.Y.S.2d 490, 1976 N.Y. App. Div. LEXIS 11354 (N.Y. Ct. App. 1976).

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Opinion

In an action to recover damages for false arrest and malicious prosecution, defendant appeals from an order of the Supreme Court, Rockland County, dated August 18, 1975, which denied her motion for summary judgment. Order modified, on the law, by adding to the decretal paragraph thereof, after the word "denied”, the following: "except that defendant is granted partial summary judgment as to such part of the single cause of action alleged in the complaint as seeks to recover damages for false arrest.” As so modified, order affirmed, without costs or disbursements. No fact issues were presented on this appeal. There is an issue of fact with respect to so much of the single cause of action as seeks to recover damages for malicious prosecution. Hopkins, Acting P. J., Martuscello, Damiani, Christ and Hawkins, JJ., concur.

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In an action to recover damages for false arrest and malicious prosecution, defendant appeals from an order of the Supreme Court, Rockland County, dated August 18, 1975, which denied her motion for summary judgment. Order modified, on the law, by adding to the decretal paragraph thereof, after the word "denied”, the following: "except that defendant is granted partial summary judgment as to such part of the single cause of action alleged in the complaint as seeks to recover damages for false arrest.” As so modified, order affirmed, without costs or disbursements. No fact issues were presented on this appeal. There is an issue of fact with respect to so much of the single cause of action as seeks to recover damages for malicious prosecution. Hopkins, Acting P. J., Martuscello, Damiani, Christ and Hawkins, JJ., concur.

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Bluebook (online)

51 A.D.2d 786, 379 N.Y.S.2d 490, 1976 N.Y. App. Div. LEXIS 11354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trotta-v-sturman-nyappdiv-1976.