Goldstein v. Metro-North Commuter Railroad

—Order of the Appellate Term, of the Supreme Court, First Department (Parness, J. P., Miller and McCooe, JJ.), entered January 14, 1993, which, inter alia, reversed an order of the Civil Court, New York County (Laura Jacobson, J.), entered August *72413, 1991, denying defendants’ motion for summary judgment, granted the motion and dismissed the complaint, unanimously affirmed, without costs.

We agree with the Appellate Term that there was probable cause to arrest plaintiff for theft of services based upon his refusal to pay for the single ticket railroad fare, despite his assertion that he intended…