1. Home
  2. Browse Decisions
  3. F.Supp.
  4. 473 F.Supp.
  5. 473 F.Supp. 908 (1979)
 

WHITTAKER v. DUKE

No. 77 CIV 875 (LBS).

473 F.Supp. 908 (1979)

Arthur WHITTAKER and Theodora L. Whittaker, Plaintiffs, v. Doris DUKE, Defendant.

United States District Court, S. D. New York.

April 17, 1979.

Attorney(s) appearing for the Case

Bronstein, Van Veen & Bronstein, New York City, Peter E. Bronstein, New York City, of counsel, for plaintiffs.

Townley & Updike, New York City, Michael S. Belohlavek, New York City, of counsel, for defendant.

OPINION

SAND, District Judge.

Defendant has moved for summary judgment in this action for malicious prosecution, asserting that as a matter of New Jersey law, which controls here, plaintiff cannot establish the four elements necessary for such a cause of action. We conclude that as to one of the four elements, there exist no issues of material fact and plaintiff cannot prevail as a matter of law. The motion, therefore, is granted.

The elements of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases