Lewis v Caputo

Lewis v Caputo 2012 NY Slip Op 08059 Decided on November 27, 2012 Court of Appeals 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 November 27, 2012
No. 236 SSM 40

[*1]Bernard Lewis, Respondent,

v

Joseph Caputo, & c., Appellant, The City of New York, et al., Defendants.




Submitted by June A. Witterschein, for appellant.
Submitted by Michael J. Andrews, for respondent.


MEMORANDUM: [*2]

The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.

The Appellate Division incorrectly determined that defendant failed to provide a sufficient basis for establishing probable cause as a matter of law. While different inferences as to plaintiff's guilt or innocence of the underlying crime are possible, only one reasonable inference could be drawn from the facts regarding probable cause. Therefore, the issue was not one properly presented to the jury for determination (see Veras v Truth Verification Corp., 57 NY2d 947 [1982], affirming for the reasons stated at 87 AD2d 381 [1st Dept 1982]; cf. Smith v County of Nassau, 34 NY2d 18 [1974]).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and complaint dismissed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
Decided November 27, 2012