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STAFFEN v. CITY OF ROCHESTER

80 A.D.2d 16 (1981)

Gerald E. Staffen, Respondent, v. City of Rochester et al., Appellants

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

April 3, 1981

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Michael J. Looby of counsel), for appellants.

Robert F. Wood, P. C. (Richard G. Curtis of counsel), for respondent.

DILLON, P. J., CARDAMONE, SIMONS and DOERR, JJ., concur.

MOULE, J.

The question presented on appeal is whether the one-year and 90-day Statute of Limitations specified by section 50-i of the General Municipal Law or the three-year limitation of CPLR 214 (subd 2) should apply in an action alleging violation of civil rights under sections 1983 and 1985 of title 42 of the United States Code against a municipal corporation and several of its police officers.

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