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LoFASO v. CITY OF NEW YORK

1119, 104621/00

66 A.D.3d 425 (2009)

886 N.Y.S.2d 385

2009 NY Slip Op 7159

SANDY LoFASO et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and METROPOLITAN LIFE INSURANCE COMPANY, INC., et al., Respondents.

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

Decided October 6, 2009.

LoFaso's claims are based on allegations that Crowe, an off-duty police officer, was the aggressor, and that Met Life and its security officers failed to investigate the incident and importuned the police to arrest him. The claims for false arrest and malicious prosecution lack merit as probable cause existed to arrest and prosecute LoFaso (see Martinez v City of Schenectady, 97 N.Y.2d 78

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