Goolden v. Village of Massena

The defendant in the above-entitled action seeks to have stricken from the plaintiff’s complaint those allegations which set forth a cause of action against the defendant for false imprisonment and false arrest, and to dismiss that portion of the complaint alleging false arrest.

The basis of the defendant’s position is predicated upon the plaintiff’s alleged failure to comply with the provisions of section 50-e of the General Municipal Law.

It appears from the undisputed facts that the plaintiff was arrested on the early morning of May 9, 1949, and was incarcerated in the police station of the…