GUTIERREZ v. CITY OF NEW YORK


288 A.D.2d 86 (2001)

733 N.Y.S.2d 152

ANTONIO GUTIERREZ et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided November 15, 2001.


The court properly responded to the jury's questions regarding the definition of "malicious" and was not required to reread portions of its comprehensive charge on malicious prosecution that were not responsive to the narrow question raised by the jury.

Plaintiff Antonio Gutierrez's damages for false arrest are limited to the period between his arrest and arraignment (one day) (see, Dabbs v State of New York, 59 N.Y.2d 213

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