POWELL v. CITY OF NEW YORK


32 A.D.3d 227 (2006)

820 N.Y.S.2d 217

GEORGE POWELL, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

August 3, 2006.


Initially, as petitioner properly concedes, Supreme Court improperly granted the application with respect to the claims for false arrest and imprisonment, as the application was made after the statute of limitations on those claims had run.

"The key factors which the court must consider in determining if leave should be granted are whether the movant demonstrated a reasonable excuse for the failure to serve the notice of claim within the statutory time frame, whether...

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