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Burke v. State

169 A.D.2d 806, 565 N.Y.S.2d 728, 1991 N.Y. App. Div. LEXIS 931
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 28, 1991
DocketClaim No. 76089
StatusPublished

This text of 169 A.D.2d 806 (Burke v. State) 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
Burke v. State, 169 A.D.2d 806, 565 N.Y.S.2d 728, 1991 N.Y. App. Div. LEXIS 931 (N.Y. Ct. App. 1991).

Opinion

In a claim to recover damages for false imprisonment and malicious prosecution, the claimant appeals from an order of the Court of Claims (Lengyel, J.), entered March 7, 1989, which granted the defendant’s motion to dismiss the claim.

Ordered that the order is affirmed, with costs.

The Court of Claims properly dismissed the claim. The claim for false imprisonment was untimely under both Court of Claims Act § 10 (3-b) and CPLR 215 (3), and the tolling provision of CPLR 215 (8) is not applicable to save the claim (see, Kaplan v State of New York, 152 AD2d 417). The claim for malicious prosecution was also properly dismissed (see, Boose v City of Rochester, 71 AD2d 59; see also, Fisher v State of New York, 10 NY2d 60, 61; Whitmore v State of New York, 55 AD2d 745, 746). Brown, J. P., Rosenblatt, Miller and Ritter, JJ., concur.

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Related

Fisher v. State of New York
176 N.E.2d 72 (New York Court of Appeals, 1961)
Whitmore v. State
55 A.D.2d 745 (Appellate Division of the Supreme Court of New York, 1976)
Boose v. City of Rochester
71 A.D.2d 59 (Appellate Division of the Supreme Court of New York, 1979)
Kaplan v. State
152 A.D.2d 417 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
169 A.D.2d 806, 565 N.Y.S.2d 728, 1991 N.Y. App. Div. LEXIS 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-state-nyappdiv-1991.