Rivera v. City of New York

Order, Supreme Court, Bronx County (Ruben Franco, J.), entered February 3, 2016, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the malicious prosecution claims, unanimously affirmed, without costs.

Plaintiff alleges that, while in the City to attend his sister’s funeral, he was wrongfully arrested as part of a buy-and-bust operation and charged with criminal sale of a controlled substance, as well as resisting arrest and obstruction of governmental administration. Plaintiff was indicted on the drug charge, but all the…