GASTMAN v. MYER


285 A.D. 611 (1955)

Sadie Gastman, Respondent, v. Emil Myer, Appellant

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

April 13, 1955.


Attorney(s) appearing for the Case

Frank H. Gordon of counsel (George G. Hunter, Jr., with him on the brief; Cuddeback & Cuddeback, attorneys), for appellant.

William Sardell of counsel (Earl I. Gallant with him on the brief; Earl I. Gallant, attorney), for respondent.

CALLAHAN, BREITEL, BASTOW and RABIN, JJ., concur in Per Curiam opinion; PECK, P. J., dissents and votes to reverse and grant the motion, in opinion.


Per Curiam.

Defendant appeals from the denial of his motion for judgment on the pleadings and admissions, or, in the alternative, summary judgment.

Plaintiff instituted this action for malicious prosecution, alleging that defendant had, maliciously and without probable cause, charged plaintiff, in an information filed with a Justice of the Peace, with malicious mischief for causing a tree on defendant's land...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases