BROUGHTON v. STATE OF N.Y.


37 N.Y.2d 451 (1975)

Kenneth G. Broughton, as Father and Natural Guardian of Susan M. Broughton, an Infant, Respondent, v. State of New York, Appellant. (Claim No. 50612.) Donald Schanbarger, Appellant-Respondent, v. Robert Kellogg, Respondent-Appellant, and Peter Cooper Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1975.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for appellant in the first above-entitled action.

Donald Tirschwell for respondent in the first above-entitled action.

Donald Schanbarger, appellant-respondent pro se in the second above-entitled action.

Louis J. Lefkowitz, Attorney-General (Peter J. Dooley and Ruth Kessler Toch of counsel), for Robert Kellogg, respondent-appellant and Peter Cooper, respondent in the second above-entitled action.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur; Judge COOKE taking no part.


WACHTLER, J.

These appeals, both involving actions for false imprisonment, present questions as to the applicability of the prima facie rule and the extent of compensable damages. Since both cases have been before our court previously in the context of criminal appeals, only a cursory review of the facts is necessary. (See People v Broughton, 30 A.D.2d 813, affd

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