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IDELFONSO v. CITY OF NEW YORK

Index No. 302462/15. Appeal No. 12114. Case No. 2019-04164.

187 A.D.3d 576 (2020)

134 N.Y.S.3d 25

2020 NY Slip Op 05854

Andres Idelfonso, Appellant, v. City of New York et al., Respondents.

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

Decided October 20, 2020.

To the extent that plaintiff's excessive force claim is predicated on denial of medical treatment while in custody, the court correctly determined that this theory of liability was not pled in either the notice of claim or the complaint (see Price v City of New York, 172 A.D.3d 625, 628-629 [1st Dept 2019], appeal dismissed 34 N.Y.3d 989 [2019]). In any event, plaintiff testified inconsistently about whether he was denied medical treatment while in custody,...

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