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CAMPBELL v. CITY OF NEW YORK

5889N 302456/14.

159 A.D.3d 436 (2018)

69 N.Y.S.3d 472

2018 NY Slip Op 01420

MAHWANGA CAMPBELL, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

Decided March 1, 2018.

Plaintiff's acceptance of an adjournment in contemplation of dismissal bars the malicious prosecution claim (see Hollender v Trump Vil. Coop., 58 N.Y.2d 420, 425-426 [1983]; Probber v Yousef, 5 A.D.3d 204 [1st Dept 2004]). As to the remaining claims, plaintiff should not have been granted leave to amend his complaint and substitute the officers' names under the relation back doctrine. The...

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