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WAITE v. CITY OF ELMIRA

69 Misc.2d 962 (1972)

James P. Waite et al., Plaintiffs, v. City of Elmira et al., Defendants.

Supreme Court, Special Term, Chemung County.

May 1, 1972

Attorney(s) appearing for the Case

Donovan, Graner, Davidson & Burns for defendants. Etkind & Golos for plaintiffs.

CHARLES B. SWARTWOOD, J.

This is a motion by defendants to dismiss the second cause of action of the complaint pursuant to CPLR 3211 (subd. [a], par. 7) on the ground that it does not state a cause of action.

The first cause of action alleged in the complaint is for false imprisonment of the plaintiff husband, James P. Waite.

The second cause of action by the plaintiff wife, Linda D. Waite, seeks damages suffered by her by reason of the...

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