COWLES v. BROWNELL


73 N.Y.2d 382 (1989)

Stephen M. Cowles, Appellant, v. Thomas V. N. Brownell, Respondent.

Court of Appeals of the State of New York.

Decided April 6, 1989.


Attorney(s) appearing for the Case

Richard A. Insogna for appellant.

Edward B. Flink and Kevin Laurilliard for respondent.

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


Per Curiam.

The issue before us is whether a release from civil liability of a municipality and two police officers, given by plaintiff as a condition of the District Attorney's consent to dismissal of criminal harassment charges, should be enforced. We conclude that the release should not be enforced, and therefore deny defendant's motion to dismiss the complaint.

On July 20, 1984, plaintiff and a companion were...

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