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HOLLENDER v. TRUMP VIL COOP.

58 N.Y.2d 420 (1983)

Joanne Hollender, Appellant, v. Trump Village Cooperative, Inc., et al., Defendants, and Public Administrator of Kings County, as Administrator of The Estate of Pasquale Anastasio, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Neal Forman for appellant.

E. Richard Rimmels, Jr., and Bruno Von Lorenz for Public Administrator of Kings County, respondent.

Anthony J. McNulty and William F. McNulty for Trump Village Cooperative No. 4, Inc., respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

FUCHSBERG, J.

The issue on this appeal is whether an accused's acceptance of an adjournment in contemplation of dismissal, popularly referred to by the acronym ACD or ACOD, constitutes a bar to a subsequent civil suit for false imprisonment or malicious prosecution. We hold that an ACOD disposition, authorized by CPL 170.55, is neither a conviction nor an acquittal. We further hold that while it, therefore, does...

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