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Dailey v. Campbell

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1979
71 A.D.2d 809 (N.Y. App. Div. 1979)

Opinion

July 6, 1979

Appeal from the Yates Supreme Court.

Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Witmer, JJ.


Judgment unanimously affirmed, without costs. Memorandum: In this action for malicious prosecution plaintiff claims that defendant brought a false and malicious charge against him for endangering the welfare of his son. This charge was later dismissed on appeal. The trial court did not err in dismissing the complaint for failure of proof at the close of plaintiff's case. An examination of the record reveals that no evidence was submitted to support plaintiff's allegation that defendant acted with malice or intent to injure plaintiff when defendant signed the information charging plaintiff with the crime.


Summaries of

Dailey v. Campbell

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 6, 1979
71 A.D.2d 809 (N.Y. App. Div. 1979)
Case details for

Dailey v. Campbell

Case Details

Full title:CARLETON DAILEY, Appellant, v. DONALD P. CAMPBELL, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 6, 1979

Citations

71 A.D.2d 809 (N.Y. App. Div. 1979)