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BURBANO v. NEW YORK CITY

9384N, 304877/13.

172 A.D.3d 575 (2019)

102 N.Y.S.3d 8

2019 NY Slip Op 03937

Roberto Burbano, Respondent, v. New York City et al., Appellants.

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

Decided May 21, 2019.

In this action alleging a claim of deliberate indifference under the Eighth Amendment and 42 USC § 1983, plaintiff did not serve the Jane Doe correction officer defendant before the statute of limitations ran. Although the claims against the intended defendant arise out of the same transaction as the claims alleged in the complaint, plaintiff cannot rely on the relation-back doctrine. The correction officer and defendant City...

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