Berman v. City of Syracuse

This is a motion for an order dismissing the complaint upon the ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon.

The complaint alleges a claim for wrongful restraint and unlawful imprisonment arising out of certain events including the arrest, trial and incarceration of the plaintiff on charges of violation of section 2188 of the Penal Law. Following an appeal to the Appellate Division, plaintiff’s conviction was reversed and his imprisonment in the Onondaga County Penitentiary was terminated on May 17,1957. Thereafter, on…