Allee v. City of New York

Appellate Division of the Supreme Court of New York

Allee v. City of New York

42 A.D.2d 899, 347 N.Y.S.2d 708, 1973 N.Y. App. Div. LEXIS 3502

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 27, 1973

StatusPublished

Cited by10 cases

This text of 42 A.D.2d 899 (Allee v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allee v. City of New York, 42 A.D.2d 899, 347 N.Y.S.2d 708, 1973 N.Y. App. Div. LEXIS 3502 (N.Y. Ct. App. 1973).

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Opinion

Order, 'Supreme Court, New York County, entered September 12, 1972, insofar as appealed from, is unanimously reversed, on the law, without costs and without disbursements, the cross motion to dismiss the first cause of action granted and said cause of action dismissed. The cause of action for false arrest and imprisonment arose at the time of plaintiff’s actual physical release from confinement, which occurred on June 4, 1970, when he was released on his own recognizance. (Caminito v. City of New York, 25 A D 2d 848, affd. 19 N Y 2d 931; Schildhaus y. City of New York, 23 A D 2d 409, affd. 17 N Y 2d 853; Molyneaux V. County of Nassau, 22 A D 2d 954, affd. 16 N Y 2d 663.) Accordingly, the notice of claim filed on November 6, 1970 did not comply with the 90-day period prescribed by the statute (General Municipal Law, § 50-e), and the first cause of action for false arrest should be dismissed. Concur — Stevens, P. J., Markewich, Nunez, Tilzer and Capozzoli, JJ.

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Order, 'Supreme Court, New York County, entered September 12, 1972, insofar as appealed from, is unanimously reversed, on the law, without costs and without disbursements, the cross motion to dismiss the first cause of action granted and said cause of action dismissed. The cause of action for false arrest and imprisonment arose at the time of plaintiff’s actual physical release from confinement, which occurred on June 4, 1970, when he was released on his own recognizance. (Caminito v. City of New York, 25 A D 2d 848, affd. 19 N Y 2d 931; Schildhaus y. City of New York, 23 A D 2d 409, affd. 17 N Y 2d 853; Molyneaux V. County of Nassau, 22 A D 2d 954, affd. 16 N Y 2d 663.) Accordingly, the notice of claim filed on November 6, 1970 did not comply with the 90-day period prescribed by the statute (General Municipal Law, § 50-e), and the first cause of action for false arrest should be dismissed. Concur — Stevens, P. J., Markewich, Nunez, Tilzer and Capozzoli, JJ.

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Bluebook (online)

42 A.D.2d 899, 347 N.Y.S.2d 708, 1973 N.Y. App. Div. LEXIS 3502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allee-v-city-of-new-york-nyappdiv-1973.

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