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COLON v. CITY OF NEW YORK

60 N.Y.2d 78 (1983)

Miguel Colon, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided October 25, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Alfred Weinstein, Leonard Koerner and Michael T. Ridge of counsel), for appellant.

Martin S. Rothman, Ronald Goldfarb, Jeffrey E. Rothman and Alyne I. Diamond for respondent.

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

SIMONS, J.

Defendant appeals from a judgment awarding plaintiff damages for malicious prosecution and false imprisonment. It does not contest the false imprisonment claim but it contends the malicious prosecution action should have been dismissed because plaintiff failed to overcome the presumption which arose from his indictment that the police acted with probable cause in charging him with murder in the second...

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