GISONDI v. TOWN OF HARRISON


72 N.Y.2d 280 (1988)

Peter V. Gisondi, Appellant, v. Town of Harrison, Respondent.

Court of Appeals of the State of New York.

Decided July 12, 1988.


Attorney(s) appearing for the Case

Raymond Keegan and Sally Weinraub for appellant.

Michael F. Close for respondent.

Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur with Chief Judge WACHTLER; Judge SIMONS concurs in result in a separate opinion.


Chief Judge WACHTLER.

In this action to recover damages for false arrest and imprisonment and malicious prosecution, the primary question on the appeal is whether the evidence at trial was sufficient to establish a prima facie case that the police improperly withheld evidence from the courts in applying for an arrest warrant and testifying at a felony hearing, thus forfeiting their right to claim the immunity...

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