Home/New York Court of Appeals/Jemison v. Crichlow

Jemison v. Crichlow

543 N.E.2d 78, 74 N.Y.2d 726, 544 N.Y.S.2d 813, 1989 N.Y. LEXIS 832
New York Court of Appeals·Decided June 30, 1989·Published·Cited by 17 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

We agree with so much of the opinion of Justice Lawrence J. Bracken at the Appellate Division (139 AD2d 332) that [728]*728holds that actions against the City Marshal for acts done in an official capacity or by omission of an official duty and based on common law must be instituted within the one-year period provided by CPLR 215 (1). Plaintiff’s cause of action based upon 42 USC § 1983 is not before us.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

Order affirmed, etc. [See, 74 NY2d 828.]

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Jemison v. Crichlow, 543 N.E.2d 78, 74 N.Y.2d 726, 544 N.Y.S.2d 813, 1989 N.Y. LEXIS 832 (N.Y. 1989).

543 N.E.2d 78 (Jemison v. Crichlow) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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