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GARR v. STATE OF N.Y.

102 Misc.2d 350 (1979)

Michael F. Garr, Claimant, v. State of New York, Defendant. (Claim No. 61271.)

Court of Claims.

December 4, 1979.

Attorney(s) appearing for the Case

Harris L. Kimball for claimant. Robert Abrams, Attorney-General (Kenneth L. Scheer of counsel), for defendant.

GERARD M. WEISBERG, J.

The State has moved to dismiss the cause of action for malicious prosecution asserted in this claim on the theory that it was not timely filed (CPLR 3211, subd [a], pars 2, 7, 8; Court of Claims Act, §§ 8, 9, 10), and for summary judgment (CPLR 3212).

On July 17, 1975 claimant was arrested by Investigator Delbert R. George, a police officer of the State of New York...

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