OAKLEY v. CITY OF ROCHESTER


51 N.Y.2d 908 (1980)

David J. Oakley, Appellant, v. City of Rochester, Respondent.

Court of Appeals of the State of New York.

Decided November 11, 1980.


Attorney(s) appearing for the Case

Sidney K. Schoenwald and Samuel Klafter for appellant.

Louis N. Kash, Corporation Counsel (Michael J. Looby of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff's argument that there was consistency between the jury's finding of probable cause on the false arrest cause of action and its finding that plaintiff had established malicious prosecution by defendant is at best speculative and ignores the Trial Judge's explicit instructions to the jury concerning the events involved in the determination...

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