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VITALE v. HAGAN

71 N.Y.2d 955 (1988)

Anthony J. Vitale, Respondent, v. Robert J. Hagan et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 28, 1988.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Edward F. X. Hart, Leonard Koerner and Francis F. Caputo of counsel), for appellants.

Mark S. Arisohn and Brian D. Caplan for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order modified, with costs to defendant City of New York against plaintiff, by dismissing the cause of action for malicious prosecution only as against defendant city for the reasons stated in so much of the dissenting memorandum of Presiding Justice Francis T. Murphy, Jr., at the Appellate Division (132 A.D.2d 468, 470-472) as relates to the untimely and thus invalid notice of claim and, as so modified, affirmed, with costs to plaintiff...

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