Durante v. County of Onondaga

This is a motion to dismiss the complaint in an action for false arrest upon the ground that it fails to state a cause of action.

The complaint alleges that at about 2:00 a.m. on August 18, 1954, police officers of the City of Syracuse took plaintiff and others into custody; that the following day a city police officer signed an information charging plaintiff with violation of section 1898-a of the Penal Law and a warrant was issued thereon by the Acting Judge of the Court of Special Sessions.

The plaintiff does not allege that the officers arrested and imprisoned him without warrant, order of…