Simon v. State

Appellate Division of the Supreme Court of New York

Simon v. State

12 A.D.3d 171, 783 N.Y.S.2d 463, 2004 N.Y. App. Div. LEXIS 13039

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 2004

StatusPublished

Cited by5 cases

This text of 12 A.D.3d 171 (Simon v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simon v. State, 12 A.D.3d 171, 783 N.Y.S.2d 463, 2004 N.Y. App. Div. LEXIS 13039 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Court of Claims of the State of New York (S. Michael Nadel, J.), entered July 22, 2003, denying claimant’s application for permission to file a late claim, unanimously affirmed, without costs.

The claimant is clearly seeking damages for wrongful arrest and detention. As such, he “may not recover under broad general principles of negligence . . . but must proceed by way of the traditional remedies of false arrest and imprisonment” (Boose v City of Rochester, 71 AD2d 59, 62 [1979]). Since he did not timely move for permission to file a late claim, the court could not grant such relief (Court of Claims Act § 10 [6]; see e.g. Williams v State of New York, 235 AD2d 776 [1997], lv denied 90 NY2d 806 [1997]). Concur—Tom, J.P., Saxe, Lerner, Marlow and Sweeny, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Court of Claims of the State of New York (S. Michael Nadel, J.), entered July 22, 2003, denying claimant’s application for permission to file a late claim, unanimously affirmed, without costs.

The claimant is clearly seeking damages for wrongful arrest and detention. As such, he “may not recover under broad general principles of negligence . . . but must proceed by way of the traditional remedies of false arrest and imprisonment” (Boose v City of Rochester, 71 AD2d 59, 62 [1979]). Since he did not timely move for permission to file a late claim, the court could not grant such relief (Court of Claims Act § 10 [6]; see e.g. Williams v State of New York, 235 AD2d 776 [1997], lv denied 90 NY2d 806 [1997]). Concur—Tom, J.P., Saxe, Lerner, Marlow and Sweeny, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

12 A.D.3d 171, 783 N.Y.S.2d 463, 2004 N.Y. App. Div. LEXIS 13039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-state-nyappdiv-2004.

Opinion

Related

Cite This Page — Counsel Stack