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LUIS CRUZ v. CITY OF NEW YORK

33 A.D.3d 394 (2006)

822 N.Y.S.2d 77

JOSE LUIS CRUZ, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided October 10, 2006.

The jury's finding that defendant City failed to exercise reasonable care in assuring that plaintiff was the person intended to be apprehended under a bench warrant the police had executed (see Davis v City of Syracuse, 66 N.Y.2d 840, 842 [1985]) is supported by the weight of the evidence. Such evidence includes police officer testimony that it should take no more than a few hours, 12 at the most, for the Division of Criminal Justice...

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