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ROCHESTER v. CITY OF NEW YORK

8032. 250288/14.

168 A.D.3d 435 (2019)

89 N.Y.S.3d 616

2019 NY Slip Op 00066

Charles Rochester, Appellant, v. City of New York et al., Respondents.

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

Decided January 8, 2019.

Supreme Court properly denied plaintiff's motion to deem his July 1, 2013 notice of claim timely filed for his claims accruing as of his June 27, 2012 arrest (Pierson v City of New York, 56 N.Y.2d 950, 954-956 [1982]). However, on appeal, defendants acknowledge that the notice of claim was timely as to plaintiff's malicious prosecution claim, which did not accrue until the April 1, 2013...

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