Legal Opinion
Salerno v. Lansing
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 1945PublishedCited by 5 opinions
1Opinion of the Court
Judgment affirmed, with costs. Memorandum: This is an action for false imprisonment. It was so stipulated upon the trial. The question is whether the Statute of Limitations began to run on July 19, 1940, when plaintiff was released from jail or on December 21, 1942, when the judgment of conviction was reversed. The gist of an action for false imprisonment is the unlawful detention. (Schultz v. Greenwood Cemetery, 190 N. Y. 276, 278.) The plaintiff had two years from July 19, 1940, in which to commence his action for false imprisonment. (Civ. Prac. Act, § 50; Dusenbury v. Keiley, 85 N. Y. 383;…
2Cases cited2 opinions
- Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
- Dusenbury v. . KeileyNew York Court of Appeals · 1881
3Cited by5 opinions
- Adler v. Beverly Hills HospitalCourt of Appeals of Texas · 1980
- Emanuele v. StateNew York Court of Claims · 1964
- Fischer v. Seamen's Church InstituteNew York Supreme Court · 1949
- Tranberg v. County of NassauNew York Supreme Court · 1961
- Dill v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1957