Kieninger v. City of New York

In an action to recover damages for false imprisonment, malicious prosecution and assault, the defendant City of New York appeals from a judgment of the Supreme Court, Queens County, entered February 24, 1975, which is in favor of plaintiff and against it, upon a jury verdict. Judgment reversed, on the law, without costs or disbursements, the cause of action alleging assault is dismissed, and new trial otherwise granted, limited to the issue of compensatory damages. The findings of fact are affirmed. Plaintiff failed to state his cause of action for assault in his notice of claim.…