SCOTT v. NIAGARA FALLS


95 Misc.2d 353 (1978)

Arthur Scott, Jr., Plaintiff, v. City of Niagara Falls et al., Defendants.

Supreme Court, Niagara County.

May 3, 1978


Attorney(s) appearing for the Case

John V. Simon and Michael A. Gold for defendants. Ronald Anton for plaintiff.


JOSEPH J. SEDITA, J.

Defendant Niagara County has moved to dismiss this action for failure to state a cause of action.

In January of 1972, the plaintiff was convicted of the criminal sale of a controlled substance in the third degree. In the fall of 1973, new evidence became available via a Grand Jury investigation. This evidence was favorable to the plaintiff. He learned of this new evidence through newspaper coverage of the investigation. Upon...

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