New York Supreme Court November 12, 1981 (Pitt v. City of New York)

OPINION OF THE COURT

Edward J. Greenfield, J.

This case raises a question of first impression in this State — is an action brought for a traditional tort which it is claimed resulted in a deprivation of constitutional rights under the elastic concepts of section 1983 of title 42 of the United States Code a new substantive cause of action for which there is no previously prescribed State Statute