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McCLELLAN v. NYC TR. AUTH.

111 Misc.2d 735 (1981)

Daniel McClellan et al., Plaintiffs, v. New York City Transit Authority et al., Defendants.

Civil Court of the City of New York, Kings County.

October 29, 1981

Attorney(s) appearing for the Case

Helen R. Cassidy and Ira Navone for New York City Transit Authority, defendant. Hartman & Lerner (James Frankie of counsel), for Thomas H. Ferguson, defendant. Segan, Culhane, Nemerov v Geen, P. C. (Stanley Geen of counsel), for plaintiffs.

HERBERT KRAMER, J.

This is a motion made during trial at the end of plaintiff's case, renewed at the close of defendant's case, to dismiss each cause of action. The court denied the motion as to causes of action for assault, battery and false imprisonment.

The court is presented with a question whether plaintiff has proven a prima facie case on the cause of action of malicious prosecution,* specifically as to an element...

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