Opinion

Devine v. Hammer

221 A.D. 50 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 1927

Full text

Charles Devine v. Hugo Hammer

Opinions in this case

Majority
Dissent — Proskauer

Per Curiam. A complaint in an action for false arrest must allege that the arrest was illegal or made without a warrant. The plaintiff having failed to allege such facts, the complaint was properly dismissed. The judgment should, therefore, be affirmed, with costs. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.; O’Malley and Proskauer, JJ., dissent.