Salerno v. Lansing

Appellate Division of the Supreme Court of New York

Salerno v. Lansing

269 A.D. 810, 55 N.Y.S.2d 482, 1945 N.Y. App. Div. LEXIS 3955

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

DecidedMay 16, 1945

StatusPublished

Cited by5 cases

This text of 269 A.D. 810 (Salerno v. Lansing) 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

Salerno v. Lansing, 269 A.D. 810, 55 N.Y.S.2d 482, 1945 N.Y. App. Div. LEXIS 3955 (N.Y. Ct. App. 1945).

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Opinion

Judgment affirmed, with costs. Memorandum: This is an action for false imprisonment. It was so stipulated upon the trial. The question is whether the Statute of Limitations began to run on July 19, 1940, when plaintiff was released from jail or on December 21, 1942, when the judgment of conviction was reversed. The gist of an action for false imprisonment is the unlawful detention. (Schultz v. Greenwood Cemetery, 190 N. Y. 276, 278.) The plaintiff had two years from July 19, 1940, in which to commence his action for false imprisonment. (Civ. Prac. Act, § 50; Dusenbury v. Keiley, 85 N. Y. 383; Van Ingen v. Snyder, 24 Hun 81.) All concur. (The judgment is for defendant for no cause of action in an action for damages for alleged false arrest.) Present — Taylor, P. J., Dowling, MeCurn, Larkin and Love, JJ.

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Judgment affirmed, with costs. Memorandum: This is an action for false imprisonment. It was so stipulated upon the trial. The question is whether the Statute of Limitations began to run on July 19, 1940, when plaintiff was released from jail or on December 21, 1942, when the judgment of conviction was reversed. The gist of an action for false imprisonment is the unlawful detention. (Schultz v. Greenwood Cemetery, 190 N. Y. 276, 278.) The plaintiff had two years from July 19, 1940, in which to commence his action for false imprisonment. (Civ. Prac. Act, § 50; Dusenbury v. Keiley, 85 N. Y. 383; Van Ingen v. Snyder, 24 Hun 81.) All concur. (The judgment is for defendant for no cause of action in an action for damages for alleged false arrest.) Present — Taylor, P. J., Dowling, MeCurn, Larkin and Love, JJ.

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Bluebook (online)

269 A.D. 810, 55 N.Y.S.2d 482, 1945 N.Y. App. Div. LEXIS 3955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salerno-v-lansing-nyappdiv-1945.

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