New York Court of Appeals, 1988

Vitale v. Hagan

Vitale v. Hagan
New York Court of Appeals · Decided April 28, 1988
71 N.Y.2d 955; 524 N.E.2d 144; 528 N.Y.S.2d 823; 1988 N.Y. LEXIS 640

Vitale v. Hagan

Opinion of the Court

*957OPINION OF THE COURT

Order modified, with costs to defendant City of New York against plaintiff, by dismissing the cause of action for malicious prosecution only as against defendant city for the reasons stated in so much of the dissenting memorandum of Presiding Justice Francis T. Murphy, Jr., at the Appellate Division (132 AD2d 468, 470-472) as relates to the untimely and thus invalid notice of claim and, as so modified, affirmed, with costs to plaintiff against defendant Hagan.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

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