BEAUVOIR v. CITY OF NEW YORK

9994, 305806/14.

176 A.D.3d 437 (2019)

110 N.Y.S.3d 407

2019 NY Slip Op 07149

Daniel Beauvoir et al., Appellants-Respondents, v. City of New York et al., Respondents-Appellants.

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

Decided October 3, 2019.


Attorney(s) appearing for the Case

Sim & Record, LLP, Bayside ( Sang J. Sim of counsel), for appellants-respondents.

Zachary W. Carter , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for respondents-appellants.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.


The court properly dismissed all of plaintiffs' state law claims based on their failure to file timely notices of claim, except as to plaintiff Green's malicious prosecution claim (see General Municipal Law §§ 50-e, 50-i). In any event, the one-year-and-90-day statute of limitations is a bar to all the state claims, including plaintiff Green's malicious prosecution claim and we lack any discretion to allow expired claims to proceed thereafter (see Pierson...

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