CALASTRI v. OVERLOCK

14329, 152851/12.

125 A.D.3d 554 (2015)

ALESSANDRO CALASTRI, Appellant-Respondent, v. HANNAH OVERLOCK, Respondent-Appellant.

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

Decided February 24, 2015.


The court properly dismissed plaintiff's false arrest claim. Plaintiff did not dispute before the trial court that his guilty plea to one count of criminal mischief in the fourth degree, stemming from a September 21, 2011 incident, was in full satisfaction of charges in the misdemeanor complaint, including those relating to his February 21, 2012 arrest. As a result, plaintiff's plea constitutes probable cause for his arrest and thus provides defendant an affirmative defense...

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