12 New York opinions name it 2 courts 1977–2024 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Broughton v. Stategreen2 sentences2017Dismissal of the false imprisonment claim is also warranted, since there is no evidence that Hamblin intended to confine plaintiff ( see Broughton v State of New York , 37 NY2d 451, 456 [1975], cert denied 423 US 929 [1975]). 2017Dismissal of the false imprisonment claim is also warranted, since there is no evidence that Hamblin intended to confine plaintiff (see Broughton v State of New York, 37 NY2d 451, 456 [1975], cert denied sub nom. | 3 | 4 |
Nazario v. Stategreen2 sentences2013Finally, regarding the last prong, “[a]ctual malice is defined as with knowledge that it was false or with reckless disregard of whether it was false or not” (Nazario v State of New York, 75 AD3d at 717 [internal quotation marks and citation omitted]; accord Wolston v Reader’s Digest Assn., Inc., 443 US 157, 160 [1979]). 2013Finally, regarding the last prong, “[a]ctual malice is defined as with knowledge that it was false or with reckless disregard of whether it was false or not” (Nazario v State of New York, 75 AD3d at 717 [internal quotation marks and citation omitted]; accord Wolston v Reader’s Digest Assn., Inc., 443 US 157, 160 [1979]). | 2 | 2 |
Wolston v. Reader's Digest Assn., Inc.green2 sentences2013Finally, regarding the last prong, “[a]ctual malice is defined as with knowledge that it was false or with reckless disregard of whether it was false or not” (Nazario v State of New York, 75 AD3d at 717 [internal quotation marks and citation omitted]; accord Wolston v Reader’s Digest Assn., Inc., 443 US 157, 160 [1979]). 2013Finally, regarding the last prong, “[a]ctual malice is defined as with knowledge that it was false or with reckless disregard of whether it was false or not” (Nazario v State of New York, 75 AD3d at 717 [internal quotation marks and citation omitted]; accord Wolston v Reader’s Digest Assn., Inc., 443 US 157, 160 [1979]). | 2 | 2 |
Williams v. Express Airlines I, Inc.green2 sentences2012“In contrast, where the gist of the false arrest and false imprisonment claim is that the airline caused the passenger to be arrested by authorities without a proper factual basis, courts have held that the claims are not related to services and, therefore, are not preempted” (id. at 1298; see Al-Watan v American Airlines, Inc., 570 F Supp 2d 925, 936-939 [2008] [concluding that false imprisonment and false arrest claims fell into the latter category and were not preempted where the plaintiffs alleged that they were impermissibly discriminated against when they were improperly detained as a se 2012“In contrast, where the gist of the false arrest and false imprisonment claim is that the airline caused the passenger to be arrested by authorities without a proper factual basis, courts have held that the claims are not related to services and, therefore, are not preempted” (id. at 1298; see Al-Watan v American Airlines, Inc., 570 F Supp 2d 925, 936-939 [2008] [concluding that false imprisonment and false arrest claims fell into the latter category and were not preempted where the plaintiffs alleged that they were impermissibly discriminated against when they were improperly detained as a se | 2 | 2 |
Al-Tawan v. American Airlines, Inc.green2 sentences2012“In contrast, where the gist of the false arrest and false imprisonment claim is that the airline caused the passenger to be arrested by authorities without a proper factual basis, courts have held that the claims are not related to services and, therefore, are not preempted” (id. at 1298; see Al-Watan v American Airlines, Inc., 570 F Supp 2d 925, 936-939 [2008] [concluding that false imprisonment and false arrest claims fell into the latter category and were not preempted where the plaintiffs alleged that they were impermissibly discriminated against when they were improperly detained as a se 2012“In contrast, where the gist of the false arrest and false imprisonment claim is that the airline caused the passenger to be arrested by authorities without a proper factual basis, courts have held that the claims are not related to services and, therefore, are not preempted” (id. at 1298; see Al-Watan v American Airlines, Inc., 570 F Supp 2d 925, 936-939 [2008] [concluding that false imprisonment and false arrest claims fell into the latter category and were not preempted where the plaintiffs alleged that they were impermissibly discriminated against when they were improperly detained as a se | 2 | 2 |
BERNER, JOSHUA M. v. LITTLE, JAMES A.green1 sentence2024Although defendant did not preserve that contention, we nevertheless address it in the context of defendant's challenge to the weight of the evidence ( see Almuganahi v Gonzalez , 174 AD3d 1492 , 1493 [4th Dept 2019]; Berner v Little , 137 AD3d 1675, 1676 [4th Dept 2016]). | 1 | 1 |
Ferretti v. Town of Greenburghgreen1 sentence1997For the same reason, the negligent commitment claim must fail (see, Ferretti v Town of Greenburgh, supra, at 610-611). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Haverhill Manor, Inc. v. Commissioner of Public Welfare
green
2 sentences2017Dismissal of the false imprisonment claim is also warranted, since there is no evidence that Hamblin intended to confine plaintiff ( see Broughton v State of New York , 37 NY2d 451, 456 [1975], cert denied 423 US 929 [1975]). 1977In Broughton v State of New York ( 37 NY2d 451, 456 , cert den 423 US 929 ), this court enumerated the elements necessary to sustain a false imprisonment claim: (1) intention to confine, (2) consciousness of confinement, (3) lack of consent to confinement, and (4) lack of privilege. | 3 | 1977–2017 |
People v. Munford
green
1 sentence2010Leave to file a late claim cannot be granted with respect to the false imprisonment claim, as it accrued more than one year before claimant moved for such leave (see CPLR 215 [3]; Court of Claims Act § 10 [6]; Sands v State of New York, 49 AD3d 444 [2008]). | 1 | 2010–2010 |
Huang v. Johnson
green
1 sentence2001On appeal, the Second Circuit rejected the District Court’s conclusion that Huang’s claims were barred by the Eleventh Amendment. ( 251 F3d 65 .) It agreed with the District Court’s conclusion that a hearing was not required prior to Yu’s return to Ella McQueen. | 1 | 2001–2001 |
Stratton v. City of Albany
green
1 sentence2000While the absence of probable cause is not an essential element of a false imprisonment claim (see, Broughton v State of New York, supra, at 457), a demonstration that the police acted with probable cause is an affirmative defense to such claim (see, Stratton v City of Albany, 204 AD2d 924, 925 ). | 1 | 2000–2000 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.