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YI v. CITY OF NEW YORK

227 A.D.2d 453 (1996)

643 N.Y.S.2d 123

Lui Yi, Appellant, v. City of New York et al., Respondents

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

May 13, 1996

Ordered that the orders are affirmed, with one bill of costs.

It is well settled that if the defendant can establish the existence of probable cause for the plaintiff's arrest, a cause of action to recover damages for false arrest does not lie (see, Holmes v City of New Rochelle, 190 A.D.2d 713, 714). On their cross motion for summary judgment, the defendants submitted, inter alia, the deposition testimony of...

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