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PEREZ v. CHARTER ONE FSB

298 A.D.2d 447 (2002)

748 N.Y.S.2d 392

PAUL PEREZ, Appellant, v. CHARTER ONE FSB, Also Known as ALBANK, Respondent.

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

Decided October 15, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to rebut the defendant's prima facie showing that it did not instigate the plaintiff's arrest, but merely supplied information to the police who determined that an arrest was appropriate. Therefore, the Supreme Court correctly granted that branch of the defendant's motion which was for summary judgment dismissing the first and...

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