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LOPEZ v. CITY OF NEW YORK

1683, 113638/05

69 A.D.3d 476 (2010)

891 N.Y.S.2d 648

2010 NY Slip Op 368

CLAUDIO LOPEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 19, 2010.

Issues of fact as to probable cause are raised by plaintiff's indictment and acquittal (cf. Broughton v State of New York, 37 N.Y.2d 451, 458 [1975], cert denied sub nom. Schanbarger v Kellogg, 423 U.S. 929 [1975]) and the conflicting versions of the events leading up to the arrest given by plaintiff and the arresting officer (see Coleman v City of New York, 182 A.D.2d 200, 203 [1992...

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