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Jemison v. Crichlow

Court of Appeals of the State of New York
Jun 30, 1989
74 N.Y.2d 726 (N.Y. 1989)

Summary

In Jemison, supra, the plaintiff sued the City Marshall for negligence, prima facie tort, wrongful eviction and conversion.

Summary of this case from Bishop v. Doyle & Brouman, LLP.

Opinion

Argued June 7, 1989

Decided June 30, 1989

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Jules L. Spodek, J.

Joel A. Siegel for appellants.

Harry Blum for Grantley E. Crichlow, respondent.

Peter L. Zimroth, Corporation Counsel, for City of New York, respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

We agree with so much of the opinion of Justice Lawrence J. Bracken at the Appellate Division ( 139 A.D.2d 332) that holds that actions against the City Marshal for acts done in an official capacity or by omission of an official duty and based on common law must be instituted within the one-year period provided by CPLR 215 (1). Plaintiff's cause of action based upon 42 U.S.C. § 1983 is not before us.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

Order affirmed, etc. [See, 74 N.Y.2d 828.]


Summaries of

Jemison v. Crichlow

Court of Appeals of the State of New York
Jun 30, 1989
74 N.Y.2d 726 (N.Y. 1989)

In Jemison, supra, the plaintiff sued the City Marshall for negligence, prima facie tort, wrongful eviction and conversion.

Summary of this case from Bishop v. Doyle & Brouman, LLP.
Case details for

Jemison v. Crichlow

Case Details

Full title:MARIE R. JEMISON, Individually and on Behalf of MARIE S. JEMISON and…

Court:Court of Appeals of the State of New York

Date published: Jun 30, 1989

Citations

74 N.Y.2d 726 (N.Y. 1989)
544 N.Y.S.2d 813
543 N.E.2d 78

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