SANTOS v. CITY OF NEW YORK

6535, 301899/13.

161 A.D.3d 509 (2018)

77 N.Y.S.3d 354

2018 NY Slip Op 03458

Armando Santos, Appellant, v. City of New York et al., Respondents.

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

Decided May 10, 2018.


Dismissal of the claims alleging false arrest, false imprisonment, assault and battery was proper since defendants established that the warrantless arrest was based upon probable cause to believe that plaintiff committed the subject burglary. Plaintiff's DNA was discovered on a crowbar left at the crime scene, and the victim stated that she neither knew plaintiff nor authorized him to enter her apartment (see e.g. People v Ainsley, 132 A.D.3d 1007...

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