ARZENO v. MACK, JR.


39 A.D.3d 341 (2007)

833 N.Y.S.2d 480

INGRID ARZENO et al., Respondents-Appellants, v. BRODIE M. MACK, JR., Appellant-Respondent, and TRAVELERS CASUALTY COMPANY et al., Respondents.

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

Decided April 17, 2007.


This is an action for, inter alia, false arrest and malicious prosecution. Although an indictment charging plaintiffs with insurance fraud and offering false instruments for filing was ultimately dismissed, probable cause existed for their arrest and prosecution based on extensive investigation, including forensic tests of the vehicle's ignition cylinder. Such probable cause constituted a complete defense to a claim of false arrest, under both state and federal standards...

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