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NADAL v. CITY OF NEW YORK

9642, 18246, 06-1458.

105 A.D.3d 598 (2013)

964 N.Y.S.2d 100

2013 NY Slip Op 2683

LOUIS NADAL, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 23, 2013.

Dismissal of the false arrest/imprisonment claim was proper where plaintiff was arrested for the shooting death of another pursuant to a facially valid arrest warrant, which is a complete defense to the cause of action (see Marrero v City of New York, 33 A.D.3d 556, 557 [1st Dept 2006]). Moreover, plaintiff was indicted by a grand jury, which creates a presumption that probable cause existed (see Colon v City of New York,...

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