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SIMON v. STATE

12 A.D.3d 171 (2004)

783 N.Y.S.2d 463

LARRY SIMON, Appellant, v. STATE OF NEW YORK, Respondent.

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

November 4, 2004.

The claimant is clearly seeking damages for wrongful arrest and detention. As such, he "may not recover under broad general principles of negligence . . . but must proceed by way of the traditional remedies of false arrest and imprisonment" (Boose v City of Rochester, 71 A.D.2d 59, 62 [1979]). Since he did not timely move for permission to file a late claim, the court could not grant such relief (Court of Claims Act § 10 [6...

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