Politano v. Jacoby

Order dismissing complaint as to defendant Jacoby affirmed, with ten dollars costs and disbursements. No. opinion. Hagarty, Seudder and Davis, JJ., concur; Lazansky, P. J., and Tompkins, J., dissent, with following memorandum: The case is presented on the theory that plaintiff had been illegally detained by defendant Jacoby prior and up to and including January 1, 1932, when the latter’s term of office as sheriff of Kings county expired; that defendant Jacoby thereupon delivered plaintiff to his successor, defendant McQuade, by whom plaintiff was illegally detained until March 1, 1933. The…