1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 179 A.D.3d
  5. 179 A.D.3d 620 (2020)
 

ABASCAL-MONTALVO v. CITY OF NEW YORK

10919, 100112/16.

179 A.D.3d 620 (2020)

114 N.Y.S.3d 879

2020 NY Slip Op 00676

Isidro Abascal-Montalvo, Appellant, v. City of New York, Respondent.

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

Decided January 30, 2020.

The complaint fails to state a cause of action for false arrest or imprisonment because plaintiff's own allegations establish that his arrest and detention for a mental health evaluation were privileged (Mental Hygiene Law § 9.41; see Kwasnik v City of New York, 298 A.D.2d 502, 503 [2d Dept 2002]). The remaining allegations in the complaint fail to state any other cause of action (see JFK Holding Co., LLC v City of New York...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases