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RESTIVO v. VILL. OF LYNBROOK

84 A.D.2d 831 (1981)

Charles Restivo, Appellant, v. Village of Lynbrook et al., Respondents. (Action No. 1.) John Restivo, Appellant, v. Village of Lynbrook et al., Respondents. (Action No. 2.)

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

November 30, 1981

Order affirmed, with $50 costs and disbursements.

The complaints allege that plaintiffs were arrested on September 12, 1978, that John Restivo was acquitted on or about June 6, 1979 and that Charles Restivo was acquitted on or about November 19, 1979. Thus, the purported Fifth Amendment "disabilities" had terminated prior to the time limitation for commencing suit. We find no merit to plaintiffs' claim of waiver and estoppel. While the record contains evidence suggesting...

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