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CARROLL v. CITY OF NEW YORK

5062, 23222/16.

155 A.D.3d 555 (2017)

64 N.Y.S.3d 546

2017 NY Slip Op 08329

WARNELL CARROLL, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 28, 2017.

The compliance-conference order should be vacated in this action alleging, inter alia, false arrest and malicious prosecution. "[S]ince the Bronx District Attorney, who is not a party to this action, is not under the control of the City of New York, defendants cannot be expected to produce documents prepared or maintained by any prosecutors" (Espady v City of New York, 40 A.D.3d 475, 476 [1st...

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