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AGRONT v. CITY OF NEW YORK

294 A.D.2d 189 (2002)

741 N.Y.S.2d 691

BENJAMIN AGRONT, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided May 16, 2002.

The City should have been granted summary judgment, since the arrest in question was based upon "such grounds as would induce an ordinarily prudent and cautious person, under the circumstances, to believe that plaintiff had committed the [crime]" as a matter of law (Smith v County of Nassau, 34 N.Y.2d 18, 25), and the facts leading up to the arrest, and the inferences to be drawn therefrom, were not in dispute (Parkin v Cornell...

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