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McELVEEN v. POLICE DEP'T OF THE CITY OF NEW YORK

70 A.D.2d 858 (1979)

Dietrich McElveen, an Infant, by His Mother and Natural Guardian, Barbara McElveen, Respondent, v. Police Department of the City of New York et al., Appellants

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

June 28, 1979

Unanimously modified, on the law, to the extent of denying leave to file a late notice of claim as to the claims of assault and false arrest, and otherwise affirmed, without costs or disbursements, and without prejudice to either side moving at Special Term as indicated herein.

The plaintiff Dietrich McElveen was allegedly improperly assaulted and arrested by the police on August 3, 1975. McElveen was arrested and charged with the crimes of assault in the second degree...

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