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MARTIN v. CITY OF ALBANY

42 N.Y.2d 13 (1977)

Roswell Martin, Plaintiff, and Elizabeth A. Martin, Appellant, v. City of Albany et al., Respondents.

Court of Appeals of the State of New York.

Decided June 9, 1977.

Attorney(s) appearing for the Case

Jonathan P. Harvey for appellants.

John E. Roe, Corporation Counsel (Joseph V. Zumbo of counsel), for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

This action, insofar as pertinent on appeal, is for malicious prosecution. The jury awarded plaintiff Elizabeth Martin $1,000 in compensatory and $4,000 in punitive damages against the City of Albany and its police officer, Patsy Deso. The Appellate Division reversed the judgment, on both the law and the facts, and dismissed the complaint. There are two issues presented for our consideration. We must...

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