GOETZ v. CITY OF NEW YORK

10278. 306086/13.

177 A.D.3d 414 (2019)

112 N.Y.S.3d 736

2019 NY Slip Op 08003

Victoria Goetz et al., Appellants, v. City of New York et al., Respondents.

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

Decided November 7, 2019.


Defendants made a prima facie showing of their entitlement to judgment dismissing the false arrest and false imprisonment claims. Defendants submitted competent proof that the Diaz plaintiffs were in constructive possession of the contraband recovered from the apartment in which they were registered as tenants, and these plaintiffs failed to raise any triable issue of fact with respect defendant's probable cause to arrest (see Walker v City of New York,

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