RIFKIN v. CITY OF NEW YORK


12 Misc.2d 367 (1958)

Harry Rifkin, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

May 26, 1958.


Attorney(s) appearing for the Case

Benson H. Begun for plaintiff.

Peter Campbell Brown, Corporation Counsel (Jacob Krasnoff of counsel), for defendant.


THOMAS A. AURELIO, J.

Plaintiff moves to strike out the affirmative defenses pursuant to rule 109 of the Rules of Civil Practice and section 262 of the Civil Practice Act. The action is in false arrest made by a police officer without warrant or other legal process. It is further alleged that no crime was committed or attempted by plaintiff in the officer's presence and that no felony had been committed and...

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