green
Positive treatment
Quoted verbatim 2×
7.5 score
G Cite
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 32 distinct citers.
discussed
Cited "but see"
Muniz v. American Red Cross
It is perhaps for this reason that it is sometimes said that res ipsa loquitur is a form of proof that has no applicability to a breach of warranty claim (Hershenson v Lake Champlain Motors, 139 Vt 219, 424 A2d 1075, 1078 ; but see, Anderson v Somberg, 67 NJ 291, 338 A2d 1 , cert denied 423 US 929 ).
discussed
Cited as authority (quoted)
Montgomery Ward v. Wilson
the distinction between false imprisonment and malicious prosecution in the area of arrest depends on whether or not the arrest was made pursuant to a warrant
examined
Cited as authority (quoted)
Neville v. State
the right of privacy' rationale stressed by appellant has not been extended by the court to include the right to engage in the conduct for which appellant was convicted here, namely, sodomy in a car parked on a public highway.
discussed
Cited "see"
Chambers v. Town of Shelby
It is well settled that, in order "[t]o obtain recovery for malicious prosecution, a plaintiff must establish that a criminal proceeding was commenced, that it was terminated in favor of the accused, that it lacked probable cause, and that the proceeding was brought out of actual malice" ( Martinez v City of Schenectady , 97 NY2d 78, 84 [2001]; see Broughton v State of New York , 37 NY2d 451, 457 [1975], cert denied 423 US 929 [1975]; Bratge v Simons , 173 AD3d 1623 , 1624 [4th Dept 2019]).
discussed
Cited "see"
Hernandez v. Denny's Corp.
In a cause of action for malicious prosecution, "a plaintiff must establish that a criminal proceeding was commenced, that it was terminated in favor of the accused, that it lacked probable cause, and that the proceeding was brought out of actual malice" ( Martinez v City of Schenectady , 97 NY2d 78, 84 [2001]; see Broughton v State of New York , 37 NY2d 451, 457 [1975], cert denied 423 US 929 [1975]).
discussed
Cited "see"
Bratge v. Simons
It is well settled that, in order "[t]o obtain recovery for malicious prosecution, a plaintiff must establish that a criminal proceeding was commenced, that it was terminated in favor of the accused, that it [*2]lacked probable cause, and that the proceeding was brought out of actual malice" ( Martinez v City of Schenectady , 97 NY2d 78, 84 [2001]; see Broughton v State of New York , 37 NY2d 451, 457 [1975], cert denied 423 US 929 [1975]; Putnam v County of Steuben , 61 AD3d 1369 , 1370 [4th Dept 2009], lv denied 13 NY3d 705 [2009]).
discussed
Cited "see"
Bratge v. Simons
"To obtain recovery for malicious prosecution, a plaintiff must establish that a criminal proceeding was commenced, that it was terminated in favor of the accused, that it lacked probable cause, and that the proceeding was brought out of actual malice" ( Martinez v City of Schenectady , 97 NY2d 78, 84 [2001]; see Broughton v State of New York , 37 NY2d 451, 457 [1975], cert denied 423 US 929 [1975]).
discussed
Cited "see"
Manganiello v. City of New York
To establish a malicious prosecution claim under New York law, a plaintiff must prove “ ‘(1) the initiation or continuation of a criminal proceeding against plaintiff; (2) termination of the proceeding in plaintiffs favor; (3) lack of probable cause for commencing the proceeding; and (4) actual malice as a motivation for defendant’s actions.’ ” Murphy v. Lynn, 118 F.3d at 947 (quoting Russell v. Smith, 68 F.3d at 36 ); see Broughton v. State, 37 N.Y.2d 451, 457 , 373 N.Y.S.2d 87, 94 , 335 N.E.2d 310 , cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
cited
Cited "see"
Matthews v. Malkus
See Broughton v. State, 37 N.Y.2d 451, 456 , 373 N.Y.S.2d 87 , 335 N.E.2d 310 (1975), cert denied sub nom., Schanbarger v. Kellogg, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
cited
Cited "see"
Nevin v. Citibank, N.A.
See Broughton v. State, 37 N.Y.2d 451 , 373 N.Y.S.2d 87, 93 , 335 N.E.2d 310 (1975) cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
discussed
Cited "see"
Murphy v. Lynn
The Elements of the State-Law Tort of Malicious Prosecution In order to state a claim for the tort of malicious prosecution under New York State law, a plaintiff must prove “(1) the initiation or continuation of a criminal proceeding against plaintiff; (2) termination of the proceeding in plaintiffs favor; (3) lack of probable cause for commencing the proceeding; and (4) actual malice as a motivation for defendant’s actions.” Russell v. Smith, 68 F.3d 33, 36 (2d Cir.1995); see Broughton v. State, 37 N.Y.2d 451, 458 , 373 N.Y.S.2d 87, 95 , 335 N.E.2d 310 , cert. denied, 423 U.S. 929 , 96 …
discussed
Cited "see"
Murphy v. Lynn
The Elements of the State-Law Tort of Malicious Prosecution 40 In order to state a claim for the tort of malicious prosecution under New York State law, a plaintiff must prove "(1) the initiation or continuation of a criminal proceeding against plaintiff; (2) termination of the proceeding in plaintiff's favor; (3) lack of probable cause for commencing the proceeding; and (4) actual malice as a motivation for defendant's actions." Russell v. Smith, 68 F.3d 33, 36 (2d Cir.1995); see Broughton v. State, 37 N.Y.2d 451, 458 , 373 N.Y.S.2d 87, 95 , 335 N.E.2d 310 , cert. denied, 423 U.S. 929 , 96 S.…
discussed
Cited "see"
Horne v. Crozier
See generally Broughton v. State, 37 N.Y.2d 451 , 373 N.Y.S.2d 87 , 335 N.E.2d 310, 315 (1975), cert. denied 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975)(a conviction is "conclusive evidence of probable cause").
cited
Cited "see"
Bernard v. United States
See Broughton v. State, 37 N.Y.2d 451 , 373 N.Y.S.2d 87, 95 , 335 N.E.2d 310 , 315 cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
cited
Cited "see"
Cosme v. Figueroa
See Anderson v. Samberg, 67 N.J. 291 , 338 A. 2d 1 (1975) cert. den. 423 U.S. 929 , 96 S.Ct. 279 , 46 L.Ed. 2d 258 (1975).
cited
Cited "see"
Matter of Dt
See Anderson v. Somberg, 67 N.J. 291, 298-299 (1975), cert. den. 423 U.S. 929 , 96 S.Ct. 279 , 46 L.Ed. 2d 258 (1975).
discussed
Cited "see"
Dirienzo v. United States
Fisher v. Payne, 93 Fla. 1085 , 113 So. 378, 380 (1927); Johnson v. Weiner, 155 Fla. 169 , 19 So.2d 699, 799 (1944); see, e.g., Restatement (2d) Torts, § 122-124 (1965); accord Broughton v. State, 37 N.Y.2d 451 , 373 N.Y.S.2d 87 , 335 *1154 N.E.2d 310, 314, cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975); Zanghi v. Incorporated Village, 752 F.2d 42 (2d Cir.1985) (finding of probable cause defeats false imprisonment claim under New York law).
discussed
Cited "see"
Shackil v. Lederle Laboratories
See L. 1987, c. 197, §§ 2, 3, 4, 7. [4] In NOPCO Chemical Div. v. Blaw-Knox Co., 59 N.J. 274 (1971) and Anderson v. Somberg, 67 N.J. 291 (1975), cert. den., 423 U.S. 929 , 96 S.Ct. 279 , 46 L.Ed. 2d 258 (1975) one of the defendants had to be responsible for the injury to plaintiff.
cited
Cited "see"
State v. Graham
See Broughton v. State, 37 N.Y.2d 451 , 335 N.E.2d 310 , 373 N.Y.S.2d 87 , cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
cited
Cited "see"
United California Bank v. Eastern Mountain Sports, Inc.
See Haverhill Manor, Inc. v. Commissioner of Public Welfare, 368 Mass. 15, 22-23 , 330 N.E.2d 180, 186-87 , cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975) and cases cited therein.
discussed
Cited "see"
Scanlon v. Flynn
Malicious Prosecution To prevail on his cause of action for malicious prosecution, Scanlon “must establish that (1) [Flynn] either commenced or continued a criminal proceeding against him; (2) that the proceeding terminated in his favor; (3) that there was no probable cause for the criminal proceeding; and (4) that the criminal proceeding was instituted in actual malice.” Martin v. City of Albany, 42 N.Y.2d 13, 16 , 396 N.Y.S.2d 612, 614 , 364 N.E.2d 1304, 1307 (1977); accord, Broughton v. State, 37 N.Y.2d 451, 457 , 373 N.Y.S.2d 87, 94 , 335 N.E.2d 310, 314 , cert. denied, 423 U.S. 929 , …
discussed
Cited "see, e.g."
Flavin v. City of New York
The court properly dismissed the malicious prosecution claim, as there was probable cause for the arrest and the absence of evidence that such probable cause dissipated between the arrest and commencement of criminal proceedings ( see Brown v City of New York , 60 NY2d 893, 894-895 [1983]; see also Broughton v State of New York , 37 NY2d 451, 457-458 [1975], cert denied 423 US 929 [1975]).
cited
Cited "see, e.g."
Chaudhuri v. Green
See, e.g., Broughton v. State, 37 N.Y.2d 451 , 373 N.Y.S.2d 87 , 335 N.E.2d 310 , cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
discussed
Cited "see, e.g."
Murray v. United Parcel Service, Inc.
Weyant v. Okst, 101 F.3d 845, 852 (2d Cir.1996) (quoting Bernard v. United States, 25 F.3d 98, 102 (2d Cir.1994)); see also Broughton v. State, 37 N.Y.2d 451, 458 , 373 *443 N.Y.S.2d 87, 94-95, 335 N.E.2d 310 , cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975). ("Justification may be established by showing that the arrest was based on probable cause.”).
discussed
Cited "see, e.g."
Maldonado v. City of New York
Under these circumstances, the Supreme Court properly dismissed the plaintiffs’ claims to recover damages for false imprisonment (see Lee v City of New York, 272 AD2d 586 [2000]; see also Broughton v State of New York, 37 NY2d 451, 456 [1975], cert denied 423 US 929 [1975]).
cited
Cited "see, e.g."
Wiggins v. Buffalo Police Department
See, e.g., Broughton v. State, 37 N.Y.2d 451, 456 , 373 N.Y.S.2d 87 , 335 N.E.2d 310 cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
cited
Cited "see, e.g."
Brown v. City of New York
See, e.g., Broughton v. State, 37 N.Y.2d 451 , 373 N.Y.S.2d 87 , 335 N.E.2d 310, 313-14 (1975), cert. denied sub nom Schanbarger v. Kellogg, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
cited
Cited "see, e.g."
Myrlak v. Port Auth. of NY and NJ
See, e.g., Anderson v. Somberg, 67 N.J. 291 , 338 A.2d 1 , cert. denied, 423 U.S. 929 , 96 S.Ct. 279 , 46 L.
cited
Cited "see, e.g."
Weyant v. Okst
See, e.g., Broughton v. State, 37 N.Y.2d 451, 456 , 373 N.Y.S.2d 87, 93 , 335 N.E.2d 310, 313-14 , cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
cited
Cited "see, e.g."
Weyant v. Okst
See, e.g., Broughton v. State, 37 N.Y.2d 451, 456 , 373 N.Y.S.2d 87, 93 , 835 N.E.2d 310 , 313-14, cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
cited
Cited "see, e.g."
Dukes v. State of NY
See also Broughton v. State, 37 N.Y.2d 451, 458 , 373 N.Y.S.2d 87, 95 , *1041 335 N.E.2d 310, 315 , cert. denied, 423 U.S. 929 , 96 S.Ct. 277 , 46 L.Ed.2d 257 (1975).
discussed
Cited "see, e.g."
In Re \Agent Orange\" Product Liability Litigation"
See also, e.g., Anderson v. Somberg, 67 N.J. 291 , 338 A.2d 1 (manufacturer, distributor and user of surgical instrument, the tip of which broke off in the course of surgery and injured plaintiff, all held jointly and severally liable unless a defendant could prove it was not responsible for the injury), cert. denied, 423 U.S. 929 , 96 S.Ct. 279 , 46 L.Ed.2d 258 (1975); Ybarra v. Spangard, 25 Cal.2d 486 , 154 P.2d 687 (1944) (all those who participated in operation from which plaintiff awoke with severely injured- shoulder held jointly and severally liable unless a defendant could prove he was…
Haverhill Manor, Inc.
v.
Commissioner of Public Welfare
v.
Commissioner of Public Welfare
No. 75-345.
Supreme Court of the United States.
Nov 3, 1975.
Cited by 5 opinions | Published
Citer courts: Court of Appeals of Maryland (2)
Sup. Jud. Ct. Mass. Certiorari denied.