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ROSS v. WAPPINGERS FALLS

62 A.D.2d 892 (1978)

Rose Ross, as Executrix of Carmine Ross, Deceased, et al., Respondents, v. Village of Wappingers Falls et al., Appellants

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

July 3, 1978

Attorney(s) appearing for the Case

J. George Spitz (Samuel S. Slavitt of counsel), for appellants.

Dempsey & Spring, P. C. (James Dempsey and Emanuel Thebner of counsel), for respondents.

HOPKINS, TITONE and HAWKINS, JJ., concur in Per Curiam opinion; MOLLEN, P. J., and SHAPIRO, J., concur in Per Curiam opinion but vote to further reduce the damages awarded to the plaintiffs to the sum of $12,500 on each cause of action, for a total sum of $25,000 as to each plaintiff, noting that punitive damages were not claimed either in the complaint or on the trial.

Per Curiam.

This is an action to recover damages for malicious prosecution and false imprisonment. Defendants appeal from a judgment of the Supreme Court, Dutchess County, which, upon a jury verdict, is in favor of plaintiff Rose Ross, as executrix of the estate of Carmine Ross, in the principal sum of $100,000 ($50,000 on each cause of action) and Rose Ross, individually, in the principal sum of $100,000 ($50,000...

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