Vitale v. Hagan

Full title: ANTHONY J. VITALE, Respondent, v. ROBERT J. HAGAN et al., Appellants, et…

Court: Court of Appeals of the State of New York

Date published: Apr 28, 1988

71 N.Y.2d 955 (N.Y. 1988)

528 N.Y.S.2d 823

524 N.E.2d 144

Opinion

Argued March 21, 1988

Decided April 28, 1988

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Michael Duskas, J.

Peter L. Zimroth, Corporation Counsel (Edward F.X. Hart, Leonard Koerner and Francis F. Caputo of counsel), for appellants.

Mark S. Arisohn and Brian D. Caplan for respondent.

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 A.D.2d 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.