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Vitale v. Hagan – Case Brief Summary (New York)

In Vitale v. Hagan, 132 AD2d 468, 517 N.Y.S.2d 725 (1st Dept 1987), plaintiff was arrested for assault and resisting arrest based on an altercation between plaintiff and a police sergeant after a minor automobile accident.

Plaintiff was never incarcerated but the charges remained pending for eight and one-half months.

A jury awarded plaintiff $ 750,000 for the malicious prosecution portion of his action which was affirmed on appeal.