WEISS v. ROSETTI


23 A.D.2d 655 (1965)

Arthur Weiss, Appellant, v. Thomas Rosetti, as Property Clerk of the Police Department of The City of New York, Respondent

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

March 30, 1965


Determination of the Appellate Term affirming a judgment of the Civil Court in favor of defendant reversed on the law and the facts and in the interest of justice and a new trial ordered, with $50 costs to appellant to abide the event.

Plaintiff brought an action pursuant to subdivision f of section 435-4.0 of the Administrative Code to recover some $1,042 in cash taken from his person by a police officer after making an arrest. The trial court found that plaintiff...

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