Vitale v. Hagan — 71 N.Y.2d 955

Majority

p. 955

Anthony J. Vitale, Respondent, v Robert J. Hagan et al., Appellants, et al., Defendants.

Argued March 21, 1988;

decided April 28, 1988

p. 956

APPEARANCES OF COUNSEL

Peter L. Zimroth, Corporation Counsel (Edward F. X. Hart, Leonard Koerner and Francis F. Caputo of counsel), for appellants.

Mark S. Arisohn and Brian D. Copian for respondent.

p. 957

OPINION OF THE COURT

Order modified, with costs to defendant City of New York against plaintiff, by dismissing the cause of action for malicious prosecution only as against defendant city for the reasons stated in so much of the dissenting memorandum of Presiding Justice Francis T. Murphy, Jr., at the Appellate Division ( 132 AD2d 468 , 470-472) as relates to the untimely and thus invalid notice of claim and, as so modified, affirmed, with costs to plaintiff against defendant Hagan.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.