SHEA v. CITY OF NEW YORK


77 A.D.2d 21 (1980)

Charles W. Shea, as Executor of Victor J. Whitree, Deceased, Respondent, v. City of New York et al., Appellants

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

October 16, 1980


Attorney(s) appearing for the Case

Bernard Burstein of counsel (L. Kevin Sheridan, with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellants.

Arthur A. Snyder of counsel (Mitchell & Yancey, attorneys), for respondent.

MURPHY, P. J., and SILVERMAN, J., concur with KUPFERMAN, J.; MARKEWICH, J., dissents in an opinion.


KUPFERMAN, J.

This action to recover damages sustained by the original plaintiff, Victor J. Whitree, alleging malicious prosecution, false imprisonment and negligence, was commenced on December 27, 1962. In 1945, Whitree pleaded guilty to assault, received a suspended sentence and was placed on probation. In April, 1947, he was arrested for violation of probation pursuant to a warrant procured by his probation...

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