From Casetext: Smarter Legal Research

Francis v. Taft Cleaners and Dyers, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1953
281 App. Div. 893 (N.Y. App. Div. 1953)

Opinion

March 16, 1953.

Present — Nolan, P.J., Carswell, Adel, MacCrate and Beldock, JJ. [See post, p. 983.]


In an action to recover damages for false arrest, plaintiff appeals from a judgment in favor of defendants, entered upon a dismissal of the complaint at the close of plaintiff's case, and from an order denying his motion to set aside the decision dismissing the complaint and for a new trial. Judgment and order unanimously affirmed, with one bill of costs. In our opinion, there was a complete failure of proof that defendants, or any of them, instigated or directed plaintiff's arrest, or did more than merely to furnish information to the police officers when called upon to state facts for their guidance. (Cf. Vernes v. Phillips, 266 N.Y. 298; Grinnell v. Weston, 95 App. Div. 454; Davern v. Drew, 153 App. Div. 844, affd. sub nom. Davern v. Breen, 214 N.Y. 681.)


Summaries of

Francis v. Taft Cleaners and Dyers, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1953
281 App. Div. 893 (N.Y. App. Div. 1953)
Case details for

Francis v. Taft Cleaners and Dyers, Inc.

Case Details

Full title:JAMES J. FRANCIS, Appellant, v. TAFT CLEANERS AND DYERS, INC., et al.…

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

Date published: Mar 16, 1953

Citations

281 App. Div. 893 (N.Y. App. Div. 1953)

Citing Cases

Vennard v. Sunnyside Savings and Loan Ass'n

Plaintiff has offered no proof from which an inference can be drawn overriding the presumption flowing from…

Jacques v. Sears Roebuck Co.

There being no allegation of malicious prosecution nor allegation or proof that defendants procured or…