SCHOLL v. CITY OF UTICA


163 A.D.2d 909 (1990)

Joseph Scholl, Appellant, v. City of Utica, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 13, 1990


Judgment unanimously reversed on the law with costs, motion denied, and new trial granted.

Memorandum:

In this action for false arrest and false imprisonment, the court erred in granting defendant's motion for a directed verdict (see, CPLR 4401). There was sufficient evidence to establish that (1) defendant intended to confine plaintiff; (2) plaintiff was conscious of his confinement; (3) plaintiff did not consent to the confinement; and (4) the confinement...

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