The action was for assault and false imprisonment. Plaintiff had in fact complied with section 50-e of the General Municipal Law, requiring the service of a notice of claim, and also with the requirements of section 244 of the Second Class Cities Law with relation to time limitations. Through inadvertence plaintiff's counsel neglected to allege and prove these matters. On the trial of the action, and after the plaintiff's proof was in, the defendant moved to dismiss the complaint...
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