McFALL v. CITY OF NEW YORK

308806/12. Appeal No. 12351. Case No. 2019-5660.

188 A.D.3d 496 (2020)

132 N.Y.S.3d 283

2020 NY Slip Op 06455

Andrew McFall, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 12, 2020.


The court properly granted summary judgment dismissing the claim for false arrest and false imprisonment under 42 USC § 1983. Notwithstanding that the District Attorney's office ultimately dismissed the charges against plaintiff, defendants established prima facie probable cause for the arrest, and plaintiff failed to raise a triable issue of fact. The victim told the investigating detective that a man had exposed himself and made lewd comments, and provided a detailed...

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