LEWIS v. CAPUTO

121119/02, 3944

95 A.D.3d 262 (2012)

944 N.Y.S.2d 1

2012 NY Slip Op 2615

BERNARD LEWIS, Respondent, v. JOSEPH CAPUTO, Appellant, et al., Defendants.

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

Decided April 10, 2012.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( June A. Witterschein , John Hogrogian and Pamela Seider Dolgow of counsel), for appellant.

Michael J. Andrews, P.C., New York City ( Michael J. Andrews of counsel), for respondent.

TOM, J.P., and CATTERSON, J., concur with RENWICK, J.; FRIEDMAN and ABDUS-SALAAM, JJ., dissent in a separate opinion by FRIEDMAN, J.


OPINION OF THE COURT

RENWICK, J.

Defendant Caputo, an investigator for the New York City Department of Investigation (DOI), appeals from a jury verdict in favor of plaintiff in an action for false arrest. The jury found defendant liable for an unlawful arrest stemming from plaintiff's possession of a stolen laptop computer. Defendant arrested plaintiff despite plaintiff's denial that he knew that the laptop he had bought from his coemployee—who turned...

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