68 A.D.2d 898 | N.Y. App. Div. | 1979
In an action to recover damages for assault, false arrest and malicious prosecution, defendant City of New York appeals from an order of the Supreme Court, Queens County, dated May 17, 1977, which (1) granted plaintiff’s motion to strike certain affirmative defenses interposed by it and (2) denied its cross motion to dismiss the complaint as to it. Order reversed, on the law, without costs or disbursements, the plaintiff’s motion is denied and the City of New York’s cross motion is granted. Plaintiff was allegedly assaulted on October 24, 1970 by an off-duty New York City policeman, defendant Morris A. Maduro, in the course of a private altercation. Based on statements made by Maduro to the police who arrived at the scene, plaintiff was arrested and not released until the following day. The criminal proceeding was terminated in plaintiff’s favor on April 27, 1971, some six months after the alleged assault, as a result of a determination by the Grand Jury that no indictment should issue. At the time of the alléged assault plaintiff was 17 years old. On March 9, 1971, 136 days after the events of October 24, 1970, plaintiff (individually, and by his father as his
On this appeal the defendant City of New York (the sole appellant herein) does not raise any issue as to the lateness of the service of the summons. It is to be noted that plaintiff reached the age of 21 years on March 3, 1974, and that it was not until September 1, 1974 that the age of majority was reduced to 18 years (General Obligations Law, § 1-202, L 1974, ch 898, § 1).