Devine v. Hammer , 221 A.D. 50 ( 1927 )

Per Curiam.

A complaint in an action for false arrest must allege that the arrest was illegal or made without a warrant. The plaintiff having failed to allege such facts, the complaint was properly dismissed.

The judgment should, therefore, be affirmed, with costs.

Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.; O’Malley and Proskauer, JJ., dissent.