NAPPI v. KAPPELER


118 Misc.2d 638 (1983)

Peter Nappi, Plaintiff, v. Richard Kappeler et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 28, 1983


Attorney(s) appearing for the Case

Malone, Dorfman & Tauber, P. C., for defendants. S. Robert Kroll for plaintiff.


BERNARD F. McCAFFREY, J.

Motion by defendants for summary judgment is granted to the extent hereinafter indicated and is otherwise denied.

At the outset the cardinal issue to be determined is whether, subsequent to the June 1, 1982 amendment to CPL 170.55 (L 1982, ch 134, § 1), the taking of an adjournment in contemplation of dismissal (ACD) precludes the commencement of an action for malicious prosecution and false arrest.

CPL 170...

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