CASSELL v. CITY OF NEW YORK

6106 22935/15.

159 A.D.3d 603 (2018)

70 N.Y.S.3d 385

2018 NY Slip Op 02135

JAMES CASSELL, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 27, 2018.


Plaintiff alleges that he sustained personal injuries during the course of two encounters with police officers. Plaintiff concedes that timely service of process was not effected on the individual officers (see CPLR 306-b; Property Clerk, N.Y. City Police Dept. v Ford, 92 A.D.3d 401 [1st Dept 2012]). Plaintiff's claim of municipal liability under 42 USC § 1983 is abandoned because, in the motion court, he did not oppose...

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