Mendoza v City of New York

Mendoza v City of New York 2011 NY Slip Op 08818 Decided on December 8, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 8, 2011
Tom, J.P., Moskowitz, Richter, Abdus-Salaam, JJ.
6243 1449/07

[*1]Francisco Mendoza, Plaintiff-Respondent, The

v

City of New York, Defendant-Appellant.




Michael A. Cardozo, Corporation Counsel, New York (Drake A.
Colley of counsel), for appellant.
Fotopoulos, Rosenblatt & Green, New York (Dimitrios C.
Fotopoulos of counsel), for respondent.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered October 19, 2010, which, insofar as appealed from as limited by the briefs, denied so much of defendant's motion for summary judgment as sought dismissal of the causes of action for false arrest, false imprisonment and malicious prosecution, unanimously reversed, on the law, without costs, and the complaint dismissed in its entirety. The Clerk is directed to enter judgment accordingly.

No triable issue of fact exists as to whether the detention, arrest, or prosecution was supported by probable cause, given that the police found plaintiff in a state of undress on premises identified in a valid search warrant as a drug distribution point, and a controlled substance was recovered from those premises (see Martinez v City of Schenectady, 97 NY2d 78, 85 [2001]; People v Mayo, 59 AD3d 250, 254-255, affd 13 NY3d 767 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 8, 2011

CLERK