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ORTIZ v. CITY OF NEW YORK

Index No. 158487/17. Appeal No. 14532. Case No. 2021-02272.

199 A.D.3d 422 (2021)

157 N.Y.S.3d 412

2021 NY Slip Op 06050

Jose Ortiz, Appellant, v. City of New York et al., Respondents.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Sim & Depaola, LLP, Bayside ( Sang J. Sim of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Jamison Davies of counsel), for respondents.

Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.

Plaintiff's notice of claim was untimely as to his state claims for false arrest, false imprisonment, assault, battery, negligent hiring, and illegal search and seizure, since the claims accrued more than one year before he served the notice (General Municipal Law § 50-e[5]; see Bobko v City of New York, 100 A.D.3d 439, 440 [1st Dept 2012]; Pichardo v New York City Dept. of Educ...

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