Opinion
May 18, 1942.
In an action to recover damages for false arrest, the answer admits all the allegations of the complaint except as to damages, and contains a separate defense that the arrest was made in the course of public duty. Order denying plaintiff's motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. The unresolved factual issues preclude the granting of judgment on the pleadings. Lazansky, P.J., Hagarty, Johnston, Adel and Close, JJ., concur.