OLEJAK v. TOWN OF SCHODACK


295 A.D.2d 679 (2002)

742 N.Y.S.2d 924

JOSEPH V. OLEJAK, Formerly Known as JOSEPH V. BARILE, Appellant, v. TOWN OF SCHODACK et al., Respondents.

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

Decided June 6, 2002.


Carpinello, J.

Plaintiff commenced this action for damages arising out of his alleged unlawful arrest for the crime of improperly disposing of a uniform traffic ticket (see, Vehicle and Traffic Law § 207 [5]). Issue was joined in July 1999, a bill of particulars was served a month later and depositions were completed in October 1999. The record contains no evidence of any further activity until January 18, 2001, when defendants served a 90-day demand to...

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