Order unanimously affirmed without costs.
Memorandum:
Special Term properly denied the city's motion for summary judgment. Since the arrest warrant was ambiguous on its face, the police were required to use due diligence and reasonable care to verify whether plaintiff was in fact the person intended to be arrested and the only person to whom the warrant could validly be applied (see, Dennis v State of New York,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
