LUNA v. CITY OF NEW YORK

Nos. 7507, 308665/08.

95 A.D.3d 413 (2012)

942 N.Y.S.2d 865

2012 NY Slip Op 3371

HECTOR LUNA, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided May 1, 2012.


The City defendants established their entitlement to summary judgment dismissing the claims for false arrest, false imprisonment, and malicious prosecution. The testimony of the police officers that plaintiff was positively identified by three witnesses based on a photo array, as well as the police records memorializing the identifications, established that plaintiff's arrest was supported by probable cause, and plaintiff's opposition failed to raise a triable issue of fact...

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