DENMARK v. CITY OF NEW YORK


40 A.D.2d 667 (1972)

Burnetta Denmark, Respondent, v. City of New York et al., Appellants

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

October 31, 1972


After a trial before a jury, a verdict was rendered in favor of the defendants on each of the causes of action, i.e., false arrest, malicious prosecution, and assault. Thereafter, upon plaintiff's motion the trial court set the verdict aside with respect to the cause of action for assault. We find that such was error. The law is clear that: "When the motion is by the plaintiff to set aside a verdict in favor of defendant, the motion should not be granted unless the evidence...

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