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BUTLER v. CITY OF NEW YORK

Index No. 150829/16. Appeal No. 15249. Case No. 2020-04475.

202 A.D.3d 471 (2022)

2022 NY Slip Op 00810

Jeffrey Butler, Respondent-Appellant, v. City of New York, Appellant-Respondent, and Steven O'Hagan, Respondent, et al., Defendants.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for The City of New York, appellant-respondent and NYPD Officer Stephen O'Hagan, respondent.

Turturro Law, P.C., Brooklyn ( Natraj S. Bhushan of counsel), for respondent-appellant.

Concur—Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.

Plaintiff brought his claims for false imprisonment and malicious prosecution, inter alia, after his conviction for criminal possession of a controlled substance in the third degree was reversed on the ground that the search of his person was without probable cause and the resulting arrest therefore invalid (People v Butler, 127 A.D.3d 623 [1st Dept 2015]).

The malicious prosecution claim was correctly dismissed. To make...

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