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.]