Fakoya v. City of New York

In an action, inter alia, to recover damages for false arrest, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Ash, J.), dated November 1, 2011, as granted the plaintiff’s motion for summary judgment on the issue of liability on the cause of action alleging false arrest.

Ordered that the order is affirmed insofar as appealed from, with costs.

*791The plaintiff was arrested without an arrest warrant, based upon evidence obtained from an illegal search of his apartment. “In order to prevail on a cause of action seeking to recover damages…