BYRD v. MIDDLETON-BOND


253 A.D.2d 510 (1998)

676 N.Y.S.2d 872

Marlene Byrd, Appellant, v. Michelle A. Middleton-Bond, Respondent

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

August 24, 1998


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff failed to rebut the defendant's prima facie showing that she did not instigate the plaintiff's arrest, but merely supplied information to the police officers who determined that arrest was appropriate. Accordingly, summary judgment dismissing the complaint was properly granted (see, Vernes v Phillips,...

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