ARMSTRONG v. MISHKIN


286 A.D. 864 (1955)

James Armstrong, Respondent, v. Sidney Mishkin et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 20, 1955.


Order denying motion to dismiss the amended complaint affirmed, with $10 costs and disbursements.

According to the amended complaint, plaintiff, when brought before a Magistrate of the City of New York on a charge of grand larceny, made by defendants, waived examination and gave bail to await the action of the Grand Jury. That body dismissed the charge, thereby terminating the criminal prosecution. The amended complaint does not allege there was an examination before...

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