KAYE v. SHANE


204 Misc. 82 (1953)

Harry Kaye, Plaintiff, v. Irwin A. Shane et al., Defendants.

Supreme Court, Special Term, New York County.

January 21, 1953.


Attorney(s) appearing for the Case

Sale & Sale for defendants.

Sidney H. Rosen for plaintiff.


DICKSTEIN, J.

Motion for reargument is granted. Upon such reargument the original decision is recalled and defendants' motion to dismiss the first cause of action of the amended complaint is granted. The first cause sounds in unlawful arrest and false imprisonment. Although there are general allegations that defendants caused and procured plaintiff's arrest, these allegations are found in conjunction with allegations that the arrest was made after a magistrate...

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