CHAPPELLE v. GROSS


26 A.D.2d 340 (1966)

Wayne Chappelle et al., Respondents, v. George J. Gross et al., Appellants

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

November 3, 1966.


Attorney(s) appearing for the Case

Aaron H. Walowit for appellants.

Jacob W. Abraham of counsel (Abraham & Koenig, attorneys), for respondents.

BREITEL, J. P., and McNALLY, J., concur with CAPOZZOLI, J.; STEUER, J., dissents in opinion in which STEVENS, J., concurs.


CAPOZZOLI, J.

It is clear that the term malicious prosecution is used interchangeably to cover alleged wrongs perpetrated upon a person, whether same were accomplished by initiating a criminal proceeding against him, maliciously and without probable cause, or instituting a civil action in which, as an incident thereof, resort is had to a provisional remedy, such as arrest, attachment or injunction, maliciously...

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