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BURNS v. CITY OF NEW YORK

17 A.D.3d 305 (2005)

791 N.Y.S.2d 851

ANTONIO BURNS, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

April 4, 2005.

Ordered that the order is affirmed, with costs.

A plaintiff cannot prevail on causes of action based upon false arrest, false imprisonment, and malicious prosecution if the police officers had probable cause to believe that he or she committed the underlying crime (see Wasilewicz v Village of Monroe Police Dept., 3 A.D.3d 561 [2004]; Ben-Zaken v City of New Rochelle, 273 A.D.2d 426

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