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Miller v. New York Rapid Transit Corp.

254 A.D. 905 Court N.Y. App. Div. Decision date 1938-06-24 English

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p. 905
Arthur Miller, Respondent, v. New York Rapid Transit Corporation and Albert Chatterton, Appellants.

Action to recover for false imprisonment and malicious prosecution. Judgment for the plaintiff reversed on the law and the facts and a new trial granted, costs to abide the event. The verdict is against the weight of evidence. This view stems from the character of certain elements of plaintiff’s version of the incident involved and certain admissions made by him. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.