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"Matty" Cuda suing City of Utica for false arrest

By JOLEEN FERRIS

Story Created: Jan 30, 2013 at 2:15 PM EDT

Story Updated: Jan 30, 2013 at 2:15 PM EDT

UTICA, N.Y. (WKTV) - A well-known former local restaurant owner, strip club owner and registered sex offender is the city of Utica to court.

Matthew Cuda brought his 68-year-old mother to Bassett Hospital in Cooperstown this time last year after she fell and hit her head on a piece of furniture.

His attorney, Mark Wolber, says hospital staff notified Utica Police, who came to Cooperstown and arrested Cuda for assault.

Several months later, in August, the Oneida County District Attorney dropped the charges. Wolber says there never should have been an arrest.

"You either have an eyewitness or statement from the victim and in this case they had none. Or you have an admission or confession from the alleged wrongdoer. In this case they had none. Or you may have video or recorded evidence and in this case they had none, so there was really no evidence," says Wolber.

The city has 20 days to respond to the lawsuit. NEWSChannel 2's attempts to reach city attorneys over two says have been unsuccessful. The lawsuit doesn't name specified damages sought; any financial compensation would be assigned by a jury.

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