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Judgment and order affirmed, with costs. No opinion. Kelly, P. J., Jaycox, Manning and Kapper, JJ., concur; Young, J., dissents on the ground that the action is not based upon defendant’s judicial acts in summoning, trying and convicting plaintiff, but for his alleged non-judicial act in maliciously instigating the prosecution upon a criminal charge which it is alleged he knew was unfounded in fact.
Document Info
Citation Numbers: 206 A.D. 777
Filed Date: 6/15/1923
Precedential Status: Precedential
Modified Date: 1/12/2023