WHITMORE v. CITY OF NEW YORK


80 A.D.2d 638 (1981)

George Whitmore, Appellant, v. City of New York, Respondent

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

February 23, 1981


Order modified, on the law, by deleting the first and second decretal paragraphs, and substituting therefor a provision granting defendant's motion for summary judgment except as to the cause of action for malicious prosecution arising out of plaintiff's prosecution for the attempted rape in April of 1964, and complaint dismissed as to all but that cause of action. As so modified, order affirmed, without costs or disbursements.

In the complaint under review, plaintiff...

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