ZIMMERMAN v. CITY OF NEW YORK


44 Misc.2d 66 (1964)

Isidore Zimmerman, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

September 25, 1964


Attorney(s) appearing for the Case

Harry H. Lipsig, Murray L. Lewis and Marvin Luboff for plaintiff. Leo A. Larkin, Corporation Counsel (George P. Hennessy and Joseph J. Blank of counsel), for defendants.


SIDNEY A. FINE, J.

Plaintiff moves for summary judgment in his favor.

The first cause of action seeks damages against defendants for plaintiff's false imprisonment. Plaintiff was convicted of murder in March, 1938, but in 1962 the Court of Appeals reversed and ordered a new trial. The basis for the reversal was the District Attorney had failed to make an effort to correct the false testimony of a witness for the prosecution (that he had not made...

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