BARRETT v. WOJTOWICZ


66 A.D.2d 604 (1979)

Robert Barrett, Respondent, v. John Wojtowicz, Appellant

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

March 12, 1979


Attorney(s) appearing for the Case

Heinemann & Chikofsky (Edward M. Chikofsky and Guy L. Heinemann of counsel), for appellant.

Fischer & Satine (Roy A. Satine of counsel), for respondent.

GULOTTA, J. P., COHALAN and MARGETT, JJ., concur.


SHAPIRO, J.

Although arising in a pleading context, the novel and interesting issue presented by this appeal is whether the recently enacted section 632-a of the Executive Law (L 1977, ch 823, eff Aug. 11, 1977, as amd by L 1978, ch 417) either revives a civil cause of action for assault or false imprisonment otherwise barred by the one-year limitation period of CPLR 215 or creates a new and independent cause...

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