Worrell v. City of New York

OPINION OF THE COURT

Felice K. Shea, J.

The issue presented by this motion to strike an action from the calendar is whether defendants, the City of New York and a police officer, should be permitted to have discovery on the *268eve of trial. Defendants are represented by a highly regarded law firm, serving pro bono, in response to a call for volunteers from the Corporation Counsel of the City of New York.

The underlying action for assault and battery, false arrest, and malicious prosecution arises out of an incident which occurred on October 8, 1967. A precomplaint examination was conducted by the…