Legal Opinion

Colena v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided March 12, 1979PublishedCited by 17 opinions

1Opinion of the Court

In an action to recover damages for assault, false arrest and malicious prosecution, defendant City of New York appeals from an order of the Supreme Court, Queens County, dated May 17, 1977, which (1) granted plaintiff’s motion to strike certain affirmative defenses interposed by it and (2) denied its cross motion to dismiss the complaint as to it. Order reversed, on the law, without costs or disbursements, the plaintiff’s motion is denied and the City of New York’s cross motion is granted. Plaintiff was allegedly assaulted on October 24, 1970 by an off-duty New York City policeman, defendant…

2Cases cited10 opinions

  1. Martin v. School Board of Union Free District No. 28New York Court of Appeals · 1950
  2. Doundoulakis v. Town of HempsteadNew York Court of Appeals · 1977
  3. Lewis v. Village of DepositAppellate Division of the Supreme Court of the State of New York · 1972
  4. Dale v. Half Hollow Hills SchoolAppellate Division of the Supreme Court of the State of New York · 1971
  5. Komar v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965

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3Cited by17 opinions

  1. Matter of HeywardUnited States Bankruptcy Court, E.D. New York · 1981
  2. Hines v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1981
  3. Nu-Life Construction Corp. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1994
  4. Pritzker v. City of HudsonDistrict Court, N.D. New York · 1998
  5. Mojica v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1986

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