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NARVAEZ v. CITY OF NEW YORK

4802, 116134/04.

83 A.D.3d 516 (2011)

922 N.Y.S.2d 12

LYNN NARVAEZ, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided April 14, 2011.

The motion court properly granted summary judgment to NYCHA and the City as to the claims against them alleging false arrest, malicious prosecution, and violation of civil rights under 42 USC § 1983. As to the false arrest and malicious prosecution claims, the record establishes that NYCHA, the City and their employees did not participate in the arrest or prosecution of plaintiff except as witnesses (see Mesiti v Wegman, 307 A.D.2d 339

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