Ogilvie v. City of New York

In an action to recover damages for alleged assault and battery, negligence,- false arrest and malicious prosecution, plaintiff appeals from so much of a judgment of the Supreme Court, Kings County, entered January 5, 1973, as dismissed his complaint against defendant City of New York upon the trial court’s decision at a jury trial. Judgment reversed insofar as appealed from, on the law, and, as against defendant City of New York, action severed and new trial granted, with costs to abide the event. It was error for the trial court to dismiss the complaint against the City of New York. In our…