PRIEBE v. COLACINO

690 CA 19-01698.

189 A.D.3d 2076 (2020)

134 N.Y.S.3d 849

2020 NY Slip Op 07755

Jack E. Priebe, Appellant, v. Matthew Colacino, Individually and as Patrolman/Officer of Village of Newark Police Department, Respondent, et al., Defendant.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

JEFFREY WICKS, PLLC, ROCHESTER ( JEFFREY WICKS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

GOLDBERG SEGALLA LLP, ROCHESTER ( PATRICK B. NAYLON OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, NeMoyer, Winslow and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action asserting three causes of action, i.e., for false arrest and malicious prosecution, abuse of process, and intentional infliction of emotional distress. Supreme Court granted the motion of defendant-respondent (defendant) for summary judgment dismissing the complaint against him, and plaintiff appeals. We affirm.

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