Legal Opinion

Del Rosa v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 2003PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for false arrest, malicious prosecution, and conversion, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Carson, J.), dated July 16, 2002, which denied his motion, inter alia, to compel the deposition of a certain undercover police officer.

Ordered that the order is affirmed, with costs.

A municipality, in the first instance, has the right to determine which of its officers or employees with knowledge of the facts may appear for an examination before trial (see D & S Realty Dev. v Town of Huntington, 295 AD2d 306, 307 [2002]). The…

2Cases cited4 opinions

  1. Zollner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  2. D & S Realty Development, L.P. v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2002
  3. Alcamo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  4. Ramos v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. Douglas v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  2. Pomilio-Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Brevetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
  4. Filoramo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  5. Espinoza v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014

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