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LEWIS v. CAPUTO

No. 236 SSM 40.

20 N.Y.3d 906 (2012)

980 N.E.2d 527

2012 NY Slip Op 8059

BERNARD LEWIS, Respondent, v. JOSEPH CAPUTO, Individually, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided November 27, 2012.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel , New York City ( June A. Witterschein of counsel), for appellant.

Michael J. Andrews, PC. , New York City ( Michael J. Andrews of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

The Appellate Division incorrectly determined that defendant failed to provide a sufficient basis for establishing probable cause as a matter of law. While different inferences as to plaintiff's guilt or innocence of the underlying crime are possible, only one reasonable inference...

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