Legal Opinion

Fowler v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 14, 2017No. 5213 300368/14PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 27, 2016, which, inter alia, granted defendants’ motion for summary judgment dismissing plaintiffs’ claims for false arrest, false imprisonment and malicious prosecution, and under 42 USC § 1983, and part of plaintiffs’ excessive force and assault and battery claims, unanimously affirmed, without costs.

There is no dispute that the vehicle being operated by plaintiff Fowler had illegal tint to its windows, making the initial stop legal (see People v Robinson, 103 AD3d 421 [1st Dept 2013], lv denied 20 NY3d 1103 [2013]).…

2Cases cited7 opinions

  1. Martinez v. City of SchenectadyNew York Court of Appeals · 2001
  2. Shelton v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
  3. Ostrander v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by2 opinions

  1. Jackson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  2. Rogers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019

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