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GOODALL v. CITY OF NEW YORK

179 A.D.2d 481 (1992)

Michael Goodall et al., Appellants, v. City of New York et al., Respondents

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

January 16, 1992

The plaintiffs sought to serve a late notice of claim pursuant to General Municipal Law § 50-e (5) to recover damages for assault and battery, wrongful arrest and false imprisonment, malicious prosecution and violations of 42 USC § 1983 (Federal Civil Rights Act). After the plaintiffs were arrested on July 5, 1989, all charges against them were dismissed on January 9, 1990.

We agree with the plaintiffs that the Supreme Court improvidently exercised its discretion...

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