Bumbury v. City of New York

Nardelli and Buckley, JJ.,

dissent in part in a memorandum by Buckley, J., as follows: I dissent only with respect to the cause of action for false imprisonment, which I would dismiss for failure to serve a timely notice of claim.

While plaintiff was incarcerated at Rikers Island in 1998 pending a parole violation hearing, an inmate, Joseph Davis, accused him of sexual assault. Following dismissal of the parole violation charge, plaintiff was released on bail, but was returned to custody on December 14, 1999, and shortly thereafter was convicted of sodomy in the first degree and sentenced to a…