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MARRERO v. CITY OF NEW YORK

33 A.D.3d 556 (2006)

824 N.Y.S.2d 228

ROBERTO MARRERO et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided October 31, 2006.

It is settled that a plaintiff asserting a common-law claim for false arrest must demonstrate that: the defendant intended to confine the plaintiff; the plaintiff was conscious of the confinement; the plaintiff did not consent to the confinement; and the confinement was not otherwise privileged (Martinez v City of Schenectady, 97 N.Y.2d 78, 85 [2001]; Broughton v State of New York,<...

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