Harvey v. Zampieri

— Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Plaintiffs complaint alleges causes of action in false arrest, false imprisonment, and malicious prosecution based upon defendant’s identification of him from photographs as one of the persons who participated in a robbery of the store at which defendant worked. Plaintiff was arrested and spent a week in jail. The charges were ultimately dismissed.

The court erred by denying summarily defendant’s motion to dismiss plaintiff’s complaint…