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MILLEA v. CITY OF NEW YORK

25 Misc.2d 369 (1960)

Thomas Millea, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

March 30, 1960.

Attorney(s) appearing for the Case

Dublirer & Haydon (Robert Tischler of counsel), for plaintiff.

Charles H. Tenney, Corporation Counsel (Jacob Krasnoff of counsel), for defendants.

MATTHEW M. LEVY, J.

The defendant Shannon is a police officer on the force of the defendant City of New York. Shannon arrested the plaintiff and charged him in effect with being a "common gambler", guilty of a misdemeanor, in violation of section 974 of the Penal Law. The plaintiff was acquitted, and now sues in this action for alleged false arrest and imprisonment.

In paragraph 4 of his amended complaint...

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