Matter of Schiffman v. City of New York

Matter of Schiffman v. City of New York, 19 A.D.3d 206 (1st Dept. 2005), involved the actions of the police in response to an alleged assault and ensuing civilian struggle. In that case, the Appellate Division held that the City acquired notice of the essential facts of the claim based on the fact that the NYPD was called to the scene and was directly involved in all aspects of the claims emanating from the death of that petitioner's decedent. In addition, held the Appellate Division, since such knowledge was documented in the individual officers' memo books and official NYPD reports, it was imputed to the City.