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LARKINS v. CITY OF NEW YORK

Index No. 102592/07. Appeal No. 14429. Case No. 2020-03496.

199 A.D.3d 460 (2021)

156 N.Y.S.3d 197

2021 NY Slip Op 06087

Tyrone Larkins, Appellant, v. City of New York, Respondent.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

John P. DeMaio , New York, for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Geoffrey Stannard of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Oing, Kennedy, JJ.

This action arises from an incident in 2003 in which plaintiff was arrested and charged with felony drug and gun sales. Plaintiff was tried three times, and, after two mistrials, was acquitted of all charges in 2006. He commenced this action in 2007 asserting claims for malicious prosecution and negligence. Between 2010 and 2014, the parties entered into stipulations so-ordered by the court directing plaintiff to produce transcripts...

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