MATTER OF JAIME v. CITY OF NEW YORK

Index No. 806290/21E. Appeal No. 15984. Case No. 2021-02848.

205 A.D.3d 544 (2022)

166 N.Y.S.3d 847

2022 NY Slip Op 03322

In the Matter of Luis Jaime, Respondent, v. City of New York, Appellant.

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

Decided May 19, 2022.


Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York ( Lorenzo Di Silvio of counsel), for appellant.

Sim & DePaola, LLP, Bayside ( Sang J. Sim of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.


Petitioner claims that from June 21, 2019 to October 8, 2020, in five separate incidents, he was attacked and assaulted by correction officers and/or inmates while incarcerated at Rikers Island. Petitioner moved for permission to file late notices of claim for each of the five incidents.

Respondent's claimed lack of actual knowledge is refuted by the fact that the officers who allegedly assaulted petitioner or witnessed the incidents would, as respondent's employees...

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