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ROBERTS v. CITY OF NEW YORK

No. 113 SSM 21.

34 N.Y.3d 991 (2019)

137 N.E.3d 497

114 N.Y.S.3d 42

2019 NY Slip Op 07713

WAYNE ROBERTS, Appellant, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided October 29, 2019.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath & Cannavo, P.C., New York City ( Brian J. Shoot of counsel), and The Law Office of John R. Kelly, Monticello ( John R. Kelly of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York City ( MacKenzie Fillow , Devin Slack and Jane L. Gordon of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. Plaintiff failed to raise any material, triable issue of fact with respect to whether probable cause for his arrest and prosecution was lacking, or as to whether the police acted with actual malice (see generally De Lourdes Torres v Jones, 26 N.Y.3d 742 [2016]).<...

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