BAIRD v. CITY OF HORNELL


8 A.D.2d 766 (1959)

Ruby V. Baird, Respondent, v. City of Hornell et al., Appellants

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

May 13, 1959


Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

The complaint sets forth a cause of action for false imprisonment and a second cause of action for malicious prosecution, both causes of action being based upon the same transactions or series of incidents. The complaint contains a single prayer for damages. Both causes of action were submitted to the jury which returned separate...

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