DZIOBECKI v. D'AMBROSI


26 Misc.2d 65 (1960)

Alexander Dziobecki, Plaintiff, v. Dominick D'Ambrosi et al., Defendants.

Supreme Court, Special Term, Albany County.

November 29, 1960


Attorney(s) appearing for the Case

Peter L. Fulvio for Dominick D'Ambrosi, defendant. Bookstein, Zubres & D'Agostino (Merton L. Zubres of counsel), for George Swartz, defendant. Wiswall, Wood, Olson & Gordon (Sidney B. Gordon of counsel), for William W. Cade, defendant. John J. Biscone for Kelton Vosburgh, defendant. Franklin P. Gavin for plaintiff.


DONALD S. TAYLOR, J.

Defendants move for summary judgment. Plaintiff consents that the application of the defendants D'Ambrosi and Vosburgh be deemed to have been made also by the defendants Swartz and Cade. The complaint alleges a conspiracy on the part of the defendants maliciously to prosecute plaintiff. The prosecution resulted in the conviction of defendant which was reversed on appeal. Between those events plaintiff had served a prison sentence...

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