McElveen v. Police Department

— Order, Supreme Court, Bronx County, entered March 8, 1978, granting defendant’s motion to vacate a prior order granting plaintiff leave to file a late notice of claim entered on default and, after vacatur, granting plaintiff the same relief on the merits, unanimously modified, on the law, to the extent of denying leave to file a late notice of claim as to the claims of assault and false arrest, and otherwise affirmed, without costs or disbursements, and without prejudice to either side moving at Special Term as indicated herein. The plaintiff Dietrich McElveen was allegedly improperly…