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VITALE v. CITY OF NEW YORK

183 A.D.2d 502 (1992)

Anthony J. Vitale, Respondent, v. City of New York, Appellant, et al., Defendant. Anthony J. Vitale, as Receiver of the Claims of Robert J. Hagan, Respondent, v. City of New York et al., Appellants

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

May 14, 1992

Plaintiff is the judgment creditor of defendant Hagan pursuant to a judgment for malicious prosecution and battery obtained against Hagan and the City after a jury trial. Plaintiff's claim for malicious prosecution was dismissed as against the City on the grounds that plaintiff had filed a premature notice of claim (Vitale v Hagan, 71 N.Y.2d 955, rearg denied 72 N.Y.2d 910). Although the City had previously represented that...

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