BOOSE v. CITY OF ROCHESTER


71 A.D.2d 59 (1979)

Gloria J. Boose, Respondent, v. City of Rochester, Appellant

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

November 16, 1979


Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Reynolds E. Hahn of counsel), for appellant.

King & McDowell (Roy W. King of counsel), for respondent.

SCHNEPP, CALLAHAN, DOERR and WITMER, JJ., concur.


SIMONS, J. P.

Plaintiff commenced this action for malicious prosecution alleging that defendant, acting through its police officers, wrongfully procured her indictment for assault, second degree. At the conclusion of plaintiff's case, the trial court dismissed the cause of action for malicious prosecution, but permitted the trial to proceed. At the close of the evidence, the court solicited a motion to conform...

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