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Restivo v. Village of Lynbrook
Citations: 84 A.D.2d 831; 444 N.Y.S.2d 189; 1981 N.Y. App. Div. LEXIS 16062
Court: Appellate Division of the Supreme Court of the State of New York; November 29, 1981; New York; State Appellate Court
Charles Restivo and John Restivo appealed an order from the Supreme Court of Nassau County, which dismissed their lawsuits for false arrest, false imprisonment, and assault. The dismissal was based on the plaintiffs' failure to attend required hearings under General Municipal Law § 50-h before initiating their actions. The court affirmed the dismissal with costs. The plaintiffs were arrested on September 12, 1978, and both were acquitted of charges—John on June 6, 1979, and Charles on November 19, 1979. The plaintiffs argued that their Fifth Amendment rights had been restored before the statute of limitations expired for filing suit. However, the court found no merit in their claims of waiver or estoppel, noting that while the defendant village had consented to several adjournments of the hearings due to the pending criminal charges, this did not imply consent to bypass the requirement for examinations before suit. Judges Lazer, Gulotta, Cohalan, and Bracken concurred with the decision.