Hart v. City of Albany

Mercure, J. P.

Cross appeals from an order of the Supreme Court (Teresi, J.), entered July 26, 1999 in Albany County, which partially denied defendant’s motion for summary judgment dismissing the complaint.

This action arises out of an October 20, 1996 occurrence at Child’s Nursing Home in the City of Albany. After plaintiff had been requested to leave the premises, a police officer employed by defendant arrested plaintiff for criminal trespass. As the officer approached her, plaintiff put her hand in her purse to turn on a tape recorder. Apparently threatened by plaintiff’s action, the officer…