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PITT v. CITY OF NEW YORK

111 Misc.2d 569 (1981)

Thomas Pitt, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

November 12, 1981

Attorney(s) appearing for the Case

Danzig, Bunks & Silk, P. C., for plaintiff. Allen G. Schwartz, Corporation Counsel, for City of New York, defendant. John J. Kearns for James Mugan, defendant.

EDWARD J. GREENFIELD, J.

This case raises a question of first impression in this State — is an action brought for a traditional tort which it is claimed resulted in a deprivation of constitutional rights under the elastic concepts of section 1983 of title 42 of the United States Code a new substantive cause of action for which there is no previously prescribed State Statute of Limitations, or is it a new procedural remedy as to which

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