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DU CHATEAU v. METRO-NORTH

253 A.D.2d 128 (1999)

688 N.Y.S.2d 12

Daniel Du Chateau, Respondent, v. Metro-North Commuter Railroad Company, Appellant, et al., Defendant

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

March 18, 1999

Attorney(s) appearing for the Case

John W. Cobb of counsel (Cobb & Cobb, attorneys), for respondent.

Lisa J. Hart of counsel (Richard K. Bernard, attorney), for appellant.

LERNER, MAZZARELLI and SAXE, JJ., concur.

SULLIVAN, J. P.

On this appeal from the denial of defendant Metro-North Commuter Railroad Company's motion for summary judgment dismissing the complaint, which asserts claims for false imprisonment and malicious prosecution, the essential underlying facts are not in dispute.

On August 11, 1994, plaintiff, a passenger on a Metro-North train, became upset when the conductor, Madeline Romanoski,

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