Statutes of limitations for false arrest, false imprisonment, and intentional infliction of emotional distress.

Practice point: Causes of action based on false arrest and false imprisonment accrue upon release from confinement and are governed by a one-year statute of limitations, pursuant to CPLR 215[3]. The one-year statute for intentional infliction of emotional distress begins to run on the date of injury.

Student note:  Plaintiff was not entitled to a toll of the statute of limitations based on equitable estoppel as he did not allege, either in his complaint or in opposition to the defendant's motion to dismiss, any misleading conduct on the part of the defendant upon which plaintiff could have reasonably relied to delay his commencing the action.

Case:  Bellissimo v. Mitchell, NY Slip Op 07464 (2d Dept. 2014)

Here is the decision. 

Tomorrow's issue: Striking a pleading.