286 A.D. 104 | N.Y. App. Div. | 1955
Plaintiff-appellant brought this action for false arrest and malicious prosecution against defendants-respondents Elmer G. Zimmerman and John D. Hanrahan who are police officers of the City of Buffalo. The city was not made a party to the action. The complaint had been dismissed upon the ground that no notice of claim was filed similar to that required by section 50-e of the General Municipal Law. If the action were ¡against the City of Buffalo, such a notice would have been required under section 50-e of the General Municipal Law. Such notice would be served only upon the municipality and not upon the employee (Sandak v. Tuxedo Union School Dist. No. 3, 308
The order appealed from should be reversed and the motion of defendants-respondents Elmer G. Zimmerman and John D. Hanrahan to dismiss the complaint denied.
All concur. Present — McCurn, P. J., K~tmtut,t.; Piper, Wheeler and Van Dhser, JJ.
Order reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs.