Judgment reversed, on the law, without costs or disbursements, the cause of action alleging assault is dismissed, and new trial otherwise granted, limited to the issue of compensatory damages. The findings of fact are affirmed.
Plaintiff failed to state his cause of action for assault in his notice of claim. Consequently, the city's trial motion to dismiss the causes of action for failure to adequately comply with the notice requirements of section 50-e of the General...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.