Wiltse v. State

Appellate Division of the Supreme Court of New York

Wiltse v. State

51 A.D.2d 865, 380 N.Y.S.2d 175, 1976 N.Y. App. Div. LEXIS 11483

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

DecidedFebruary 20, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 865 (Wiltse 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

Wiltse v. State, 51 A.D.2d 865, 380 N.Y.S.2d 175, 1976 N.Y. App. Div. LEXIS 11483 (N.Y. Ct. App. 1976).

Pincite

Opinion

Judgment unanimously affirmed, without costs. Memorandum: This is an appeal from a judgment of the Court of Claims dismissing claimant’s cause of action for false arrest and imprisonment arising out of the conduct of two State Police officers and the Chief of Police of the Village of Frankfort in causing him to be confined to Marcy State Hospital for 56 days. Claimant [866]*866contends that the judgment was contrary to the weight of the evidence. We disagree. The elements of a cause of action for false imprisonment include intent to confine, consciousness of confinement, lack of privilege and nonconsent (Broughton v State of New York, 37 NY2d 451, 456). Claimant has failed to prove by a preponderance of the evidence that he did not voluntarily accompany the officers to the hospital and agree to be certified for admission. In any event, plaintiff did not establish any damage. (Appeal from judgment of Court of Claims dismissing claim for damages for illegal detention.) Present.—Moule, J. P., Cardamone, Simons, Dillon and Goldman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed, without costs. Memorandum: This is an appeal from a judgment of the Court of Claims dismissing claimant’s cause of action for false arrest and imprisonment arising out of the conduct of two State Police officers and the Chief of Police of the Village of Frankfort in causing him to be confined to Marcy State Hospital for 56 days. Claimant [866]*866contends that the judgment was contrary to the weight of the evidence. We disagree. The elements of a cause of action for false imprisonment include intent to confine, consciousness of confinement, lack of privilege and nonconsent (Broughton v State of New York, 37 NY2d 451, 456). Claimant has failed to prove by a preponderance of the evidence that he did not voluntarily accompany the officers to the hospital and agree to be certified for admission. In any event, plaintiff did not establish any damage. (Appeal from judgment of Court of Claims dismissing claim for damages for illegal detention.) Present.—Moule, J. P., Cardamone, Simons, Dillon and Goldman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 865, 380 N.Y.S.2d 175, 1976 N.Y. App. Div. LEXIS 11483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiltse-v-state-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack