Summary Judgment Question

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fathershamel

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I brought a suit against the City of New York and Robert Morgenthau for false arrest & imprisonment and malicious prosecution. In 2005 the false arrest & imprisonment were dismissed against the City and Morgenthau. In 2008 the malicious prosecution claim was also dismissed on Summary Judgment. I am now appealing the Summary Judgment decision for malicious prosecution. My question is; Can I also now appeal the dismissal of Robert Morgenthau from this suit based on a valid constitutional claim that was not argued to the lower court?

I pose this question for several reasons; (1) I have found statues that support the formulation of my argument (2) I've found case law that supports the whole of the elements that make up this case (3) I'm somewhat confused about whether or not these issues can be raised to this court.
 
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Look to New York's rules of court - they should provide what you can appeal on. Generally, the trial judge must have made some kind of error for you to appeal. If you simply omitted to argue something before the trial judge, that's not the judge's error. You might be out of luck.
 
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