Munoz v. City of New York (23 A.D.2d 685, 1965)

In an action by the female plaintiff to recover damages for false arrest, m!alieious prosecution and assault, and by her husband to recover damages for expenses and loss of services, the plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered March 17, 1964 after a jury trial, dismissing the complaint at the end of the entire case. Judgment affirmed, without costs. Ughetta, Acting P. J., Rabin and Hopkins, JJ., concur; Brennan and Hill, JJ., dissent and vote to reverse the judgment and to grant a new trial, with the following memorandum: The female plaintiff was arrested by the individual defendant, a police officer; and, after a bearing in the former Magistrate’s Court of the City of Hew York, at which he w