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BROUGHTON v. CITY OF N. Y.

91 Misc.2d 543 (1977)

Marshall Broughton, Plaintiff, v. City of New York et al., Defendants.

Civil Court of the City of New York, New York County.

September 23, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Kevin J. McKay of counsel), for New York County District Attorney, defendant. Bobick, Deutsch & Schlesser (Steven H. Rochkind of counsel), for plaintiff.

NANETTE DEMBITZ, J.

This motion by the District Attorney to dismiss a complaint against him for false arrest and illegal incarceration, presents an issue of first impression: The extent of the District Attorney's immunity from liability for damages.

The pleadings and the motion papers show that the plaintiff was on vacation in Florida from his work in New York. While he was walking through the lobby...

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