JONES v. TOWN OF JOHNSTOWN


41 A.D.2d 866 (1973)

Frank P. Jones, Appellant, v. Town of Johnstown, Respondent, and Francis McNutt, Defendant

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

April 19, 1973


There are two issues raised on this appeal. First, whether plaintiff states a valid cause of action against the defendant town for false imprisonment as a result of the act of a Town Justice; and, second, whether plaintiff has complied with section 50-e of the General Municipal Law when notice of his claim is filed some six months after his release on bail, although within 90 days of the dismissal of the criminal charges. The trial court answered both issues in the negative...

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