Guzy v. Guzy

This is a motion pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice by one of the defendants, Dr. William H. Vickers, to dismiss the complaint for the alleged false imprisonment of the plaintiff by the defendants.

It is not clear from the complaint whether the cause of action is based on false imprisonment or on some other ground. But the plaintiff takes the position in his brief that it is based on false imprisonment, and he points out that Mr. Justice Pette *976labeled it as such in a recent decision (on another issue not now involved, and reported 14 Mise 2d 1045).

The…