HUGAR v. NIGRO


207 A.D.2d 954 (1994)

616 N.Y.S.2d 833

Michael Hugar, Respondent, v. Richard Nigro, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1994


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court should have granted in part defendant's motion for summary judgment and dismissed plaintiff's causes of action alleging false imprisonment and, to the extent that it is predicated on false imprisonment, violation of civil rights. The absence of probable cause is a necessary element of those causes of action (see, Coffey v Town of...

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