Gonzalez v. City of New York

OPINION OF THE COURT

Robert J. Miller, J.

In this malicious prosecution action, plaintiff Hector Luis Gonzalez, who was incarcerated for 6V2 years for a crime he didn’t commit, moves pursuant to CPLR 3403 (a) (3) for a trial preference on the grounds that the interests of justice will be served by an early trial. Defendant City of New York opposes the motion.

The amended complaint sets forth civil rights claims brought under 42 USC § 1983 and under New York State law to recover damages for constitutional violations, malicious prosecution, and for wrongful incarceration.

In 1996 a trial was held…