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131 A.D.2d 710

Aviles v. State

Appellate Division of the Supreme Court of the State of New York · decided 1987-06-22

Cited by 2 later decisions — most recently December 2007

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-22

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¶1In a claim to recover damages, inter alia, for malicious prosecution and false imprisonment, the claimant appeals from an order of the Court of Claims (McCabe, J.), dated August 15, 1986, which granted the State of New York’s motion to dismiss the claim.

¶2Ordered that the order is affirmed, without costs or disbursements.

¶3The Court of Claims correctly dismissed the instant claim since, under the circumstances presented, the claimant’s confinement did not give rise to an actionable wrong. Mangano, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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