POWELL v. CITY OF NEW YORK

304079/14. Appeal No. 12062. Case No. 2019-5507.

187 A.D.3d 554 (2020)

130 N.Y.S.3d 658

2020 NY Slip Op 05831

Dimetris Powell, Appellant, v. City of New York, Respondent.

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

Decided October 15, 2020.


The court properly granted the City's motion to dismiss the complaint in its entirety and properly denied plaintiff's cross motion for leave to amend the complaint. It is undisputed that the federal false arrest and malicious prosecution claims were time-barred on the date of plaintiffs' motion to amend the complaint to assert those claims against Detective Gross, and the assertion of those claims against him does not relate back to the original commencement of the action...

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