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SIMON v. STATE

Appellate Division of the Supreme Court of New York, First Department.
Nov 4, 2004

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). Since he did not timely move for permission to file a late claim, the court could not grant such relief (Court of Claims Act ยง 10; see e.g. Williams v. State of New York, 235 AD2d 776, lv denied 90 NY2d 806).