RUTUELO v. STATE OF NY


113 Misc.2d 467 (1982)

John Rutuelo, Plaintiff, v. State of New York, Defendant. (Claim No. 61657.)

Court of Claims.

April 7, 1982


Attorney(s) appearing for the Case

Gerald Zisholtz and Haskel Rosenbloom for plaintiff. Robert Abrams, Attorney-General (Albert O. Marston of counsel), for defendant.


GERARD M. WEISBERG, J.

This is a claim for false arrest and malicious prosecution in connection with two uniform traffic tickets issued to claimant and for personal injuries.

The novel issue which this case addresses is whether a proceeding under a regulation that is subsequently declared unconstitutional can be the basis of an action for malicious prosecution.

On June 23, 1976, John Rutuelo drove his vehicle onto the Southern State Parkway...

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