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SZERLIP v. FINNEGAN

77 Misc.2d 655 (1974)

Lothair H. Szerlip, Plaintiff, v. Gerald A. Finnegan, Individually and as Town Justice of the Town of Blooming Grove, et al., Defendants.

Supreme Court, Orange County.

April 8, 1974

Attorney(s) appearing for the Case

Peter G. Striphas, County Attorney (Charlotte W. Hoyt of counsel), for County of Orange, defendant. Albert Mishkin for Town of Blooming Grove and another, defendants. George S. Moss for plaintiff.

JOHN W. SWEENY, J.

In this action whereby the plaintiff seeks damages for malicious prosecution, false arrest and false imprisonment the defendant, County of Orange, moves to dismiss because (a) the action is barred by the Statute of Limitations, (b) the County of Orange is not a proper party and (c) the complaint does not state a cause of action.

By cross motion the defendant, Gerald A. Finnegan and...

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