AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

JONATHAN CHARNIS, appellant, v. GISELLE R. SHOHET, respondent.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Appellate Term properly found that the plaintiff's sixth cause of action seeking damages for false imprisonment is barred by the applicable statute of limitations. The plaintiff's cause of action alleging false imprisonment accrued on January 17, 2000, when he was released from confinement ( see Roche v. Village of Tarrytown, 309 A.D.2d 842; Avgush v. Town of Yorktown, 303 A.D.2d 340; Matter of Ragland v. New York City Hous. Auth., 201 A.D.2d 7, 9). The action was not commenced until January 18, 2001, when the plaintiff purchased an index number and filed the summons with proof of service in the Civil Court ( see CPLR 203[c]; Court of Claims Act § 410[b]; Matter of Gershel v. Porr, 89 N.Y.2d 327, 330; Lumberman's Mut. Cas. Co. v. Temco Serv. Indus., 209 A.D.2d 296). Since the action was commenced after expiration of the one-year statute of limitations ( see CPLR 215), the Appellate Term correctly determined that the cause of action alleging false imprisonment should have been dismissed.

The plaintiff's remaining contention is without merit.

ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

CHARNIS v. SHOHET
(Dec 22, 2003)