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ENGLEHART v. STATE OF NEW YORK

278 A.D.2d 361 (2000)

718 N.Y.S.2d 620

ROBERT F. ENGLEHART, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 18, 2000.

Ordered that the order is affirmed, with costs.

We agree with the Court of Claims that the claim sounded in false imprisonment, and not negligence, as asserted by the claimant. Since the claimant did not commence the instant proceeding within the one-year Statute of Limitations for such a claim (see, CPLR 215 [3]), the Court of Claims properly denied the application to file a late claim (see, Court of Claims Act § 10 [6]; see also, NY Const...

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