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MCKAY v. CITY OF NEW YORK

126 Misc.2d 290 (1984)

Gardner McKay, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, Queens County.

October 26, 1984

Attorney(s) appearing for the Case

Paul S. Goldstein for plaintiff. Frederick A. O. Schwarz, Jr., Corporation Counsel (Barbara McLean of counsel), for City of New York, defendant.

ARTHUR W. LONSCHEIN, J.

In this action for false arrest and malicious prosecution, the plaintiff moves for leave pursuant to CPLR 308 (subd 5) to serve the defendant Watts, by delivering the summons and complaint to the City of New York (City), it being the claim of plaintiff that Watts is a police officer employed by New York City, as a housing police officer.

The City cross-moves for a dismissal of the complaint pursuant to CPLR 3211 (subd ...

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