Intentional Torts / False Arrest

Wednesday, August 11, 2010

New York City False Arrest Cases/ Bronx False Arrest/ Unlawful Detention / False Imprisonment/ Malicious Prosecution

After a false arrest case is settled, the City of New York has 90 days after receipt of executed settlement documents to submit payment to the plaintiff. 

Wednesday, August 11, 2010

Car accidents, Motorcycle Accidents, Pedestrian strike, Hit and Run cases

Under New York State Law, an injured person in an automobile accident shall give written notice of an accident as soon as reasonably practicable, but not more than 30 days of accident "unless eligibile person submits written proof providing clear and reasonable justification for failure to comply with time limitations." 11 NYCRR 65-2.4 (b).

The serious injury New York Insurance Law Section 5104 provides that any action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in New York, there is no right of recovery for basic economic or for non-economic loss, except in the case of serious injury.

Section 5104 does not apply to motorcycle accidents i.e., there is no serious injury threshold. 

Under Section 5102(d), a "serious injury" is one which results in

1. Death, Dismemberment or Significant Disfigurement;

2. A fracture;

3. Loss of fetus;

4. Permanent loss of use of a body organ or member;

5. Permanent consequential limitation of use of a body organ or member;

6. Significant limitation of use of a body function or a system; or

7. Medically determined injury or impairment of a nonpermanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary activities for not less than 90 days during the 180 days following the occurrence of the injury or impairment.


An insurance carrier is required to pay or deny a claim for no fault benefits within 30 days of the date the insurer receives the proof of claim (Presbyterian Hosp. in City of N.Y. v. Maryland Cas. Co., 90 NY2d 274 [1997].

A hit and run victim may be entitled to benefits under the SUM endorsement of a motor vehicle policy if the victim is related to the named insured and resides in the same household as the named insured of that motor vehicle policy. 

Wednesday, May 12, 2010

Law Blog

Under New York's Civil Practice Law and Review (CPLR 215), the following Intentional Torts have a One (1) year Statute of Limitations; Assault; Battery; False Imprisonment; Malicious Prosecution; Libel; Slander; Invasion of Privacy; Intentional Infliction of Emotional Harm.

If you have been falsely arrested in New York City, and intend to commence a state action against a New York City municipality, you have 90 days to serve a Notice of Claim.  The Statute of Limitations on such a claim is one year and ninety days.  Gen Mun. Law 50-1.

Law Office of Michael J. Larson, P.C. & Michael James Realty represents clients in the areas of Personal Injury in the 5 Boroughs of New York City such as Manhattan, Brooklyn, Bronx, Queens and Staten Island, Westchester County, Nassau County and Suffolk County (East Hampton, Amagansett and Montauk).

© 2021 Law Office of Michael J. Larson, P.C. & Michael James Realty | Disclaimer / Attorney Advertising
401 Broadway, Suite 806, New York, NY 10013
| Phone: 212-528-0886

Business Law | Civil Litigation | Collections/Judgements | Criminal Defense | Employment Law | False Arrest | Family Law | Immigration-Business | Insurance Defense | Personal Injury | Traffic Violations | Real Estate | Settlements | Attorneys

Attorney Website Design by
Zola Creative