KIENINGER v. CITY OF NEW YORK


53 A.D.2d 602 (1976)

William Kieninger, Respondent, v. City of New York, Appellant, et al., Defendant

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

June 1, 1976


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...

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