102 A.D.2d 860 | N.Y. App. Div. | 1984
— In a proceeding pursuant to subdivision 5 of section 50-e of the General Municipal Law for leave to serve a late notice of claim, petitioner appeals from an order of the Supreme Court, Nassau County (Kelly, J.), dated March 28,1983, which denied the application. H Order modified, on the law, by (1) deleting therefrom the provision which denied the application insofar as it sought leave to serve a late notice of claim with regard to the tort of false imprisonment and (2) substituting therefor a provision holding that the tort of false imprisonment, as alleged by petitioner in his notice of claim, did not accrue until February 2,1983, and that the application for leave to serve a late notice of claim with respect to the tort of false imprisonment was premature. As so modified, order affirmed, without costs or disbursements, and the notice of claim with regard to false imprisonment is deemed timely served. K Petitioner was arrested on January 16,1982 and incarcerated from that date until