Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered, with costs to abide the event.
The plaintiff contends that the trial court erroneously charged the jury that, to prevail on his claims for false arrest and false imprisonment, he had the burden of proving that there was no probable cause for his arrest. We agree. Where, as here, an arrest is made without a warrant, "a presumption...
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