Joiner v. City of New York

In an action to recover damages for assault, false arrest, false imprisonment and malicious prosecution, plaintiff appeals from an order of the Supreme Court, Kings County, entered December 10, 1965, which (a) denied his motion to dismiss the defendant city’s defense that the action was barred because it was not brought within one year and 90 days after the happening of the event upon which the claim is based, as provided in the General Municipal Law (§ 50-i, subd. 1, par. [c], eff. Sept. 1, 1959); and (b) dismissed the complaint pursuant to CPLR 3211 (subd; [c]). Order 'affirmed, without…