ABDUL-AZIZ v. CITY OF NEW YORK


56 A.D.3d 291 (2008)

867 N.Y.S.2d 79

AMIR TAWFIYQ ABDUL-AZIZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

November 13, 2008.


Plaintiff did not establish a prima facie case of either false arrest or malicious prosecution. We reject plaintiff's argument that, in dismissing these claims, the trial court resolved issues of credibility or competing inferences.

On the morning of February 5, 1997, while executing a search warrant at a Bronx apartment, New York Police Department Captain Timothy Galvin was shot in the face by an assailant who escaped. The investigation initially focused on the occupant...

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