22 A.D.2d 954 | N.Y. App. Div. | 1964
In an action to recover damages for false arrest and imprisonment, plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered June 24, 1964 after trial: (1) as set aside the jury’s verdict in favor of the plaintiff against defendant County of Nassau and dismissed the complaint as to it on the ground that the notice of claim required by statute (General Municipal Law, § 50-e) was not timely served; (2) as denied plaintiff’s motion to reargue a prior motion to dismiss the complaint; and (3) as dismissed the second cause of action as against the County. Judgment, insof ar as appealed from, affirmed, without costs. On the afternoon of May 23, 1959, without a warrant, the defendant County’s police officer arrested plaintiff on the oral complaint of the defendant Sevilla charging plaintiff with petit larceny. Plaintiff was taken to the precinct' house and then to County Police Headquarters, and he was held until bail was furnished at 10:30 p.m. The next morning