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O'HARA v. SEARS ROEBUCK & CO.

286 A.D. 104 (1955)

Achilles S. O'Hara, Appellant, v. Sears Roebuck and Co. et al., Defendants, and Elmer G. Zimmerman et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 9, 1955.

Attorney(s) appearing for the Case

A. E. Schulgasser and Israel Rumizen for appellant.

William B. Lawless, Jr., Corporation Counsel (Daniel J. Lucitt of counsel), for respondents.

All concur. Present — McCURN, P. J., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.

PIPER, J.

Plaintiff-appellant brought this action for false arrest and malicious prosecution against defendants-respondents Elmer G. Zimmerman and John D. Hanrahan who are police officers of the City of Buffalo. The city was not made a party to the action. The complaint had been dismissed upon the ground that no notice of claim was filed similar to that required by section 50-e of the General Municipal Law. If the action were against the City of Buffalo...

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