Nichols v. County of Rensselaer

OPINION OF THE COURT

William H. Keniry, J.

This is an action to recover compensatory and punitive damages for malicious prosecution and abuse of process. The defendants, the Rensselaer County Sheriff’s Department, Eugene Eaton as Rensselaer County Sheriff and Dominick J. Comitale and William J. Sherwin, individually and as Deputy Sheriffs, move for an order dismissing the action, pursuant to CPLR 3211 (a) (5), upon the ground that the Statute of Limitations is an absolute bar to the prosecution of the action. (Since these four defendants are united in interest in this motion, they will be…