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JENKINS v. CITY OF NEW YORK

2 A.D.3d 291 (2003)

770 N.Y.S.2d 22

CLARENCE JENKINS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

December 18, 2003.

There was probable cause for plaintiff's arrest, which requires a showing of "such grounds as would induce an ordinarily prudent and cautious person, under the circumstances, to believe that [the subject] had committed the [crime]" (Smith v County of Nassau, 34 N.Y.2d 18, 25 [1974]). Accepting plaintiff's statements as true, as we must on defendant's motion for summary judgment (Henderson...

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