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SPRUILL v. CITY OF NEW YORK

Index No. 153749/19. Appeal No. 1010. Case No. 2022-04475.

221 A.D.3d 470 (2023)

198 N.Y.S.3d 77

2023 NY Slip Op 05701

Jeremiah Spruill, Respondent, v. City of New York et al., Appellants.

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

Decided November 14, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Karin Wolfe of counsel), for appellants.

Beldock Levine & Hoffman, LLP, New York ( Marc Arena of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, Shulman, Rosado, JJ.

Order, Supreme Court, New York County (J. Machelle Sweeting, J.), entered August 5, 2022, which, to the extent appealed from as limited by the briefs, granted plaintiff's cross-motion for leave to serve an amended complaint adding a new claim for malicious prosecution, unanimously affirmed, without costs.

Supreme Court properly applied the relation-back doctrine to plaintiff's claim for malicious prosecution because the original verified complaint placed defendants...

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