Legal Opinion

Peterec v. State of New York

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

Decided January 28, 2015No. 2014-02638PublishedCited by 10 opinions

1Opinion of the Court

In a claim, inter alia, to recover damages for false arrest, the claimant appeals from an order of the Court of Claims (Ruder-man, J.), dated November 21, 2013, which granted those branches of the defendant’s motion which were, in effect, pursuant to CPLR 3211 (a) (2) to dismiss the claims alleging false arrest, false imprisonment, negligence, and intentional tort for lack of subject matter jurisdiction, and pursuant to CPLR 3211 (a) (7) to dismiss the claims alleging violations of the New York State Constitution, negligent arrest and investigation, and intentional infliction of emotional…

2Cases cited8 opinions

  1. Martinez v. City of SchenectadyNew York Court of Appeals · 2001
  2. Lyles v. State of NYNew York Court of Appeals · 2004
  3. Lyles v. StateAppellate Division of the Supreme Court of the State of New York · 2003
  4. Wheeler v. StateAppellate Division of the Supreme Court of the State of New York · 1984
  5. Ellsworth v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 2000

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3Cited by10 opinions

  1. Moreland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  2. Williams v. StateAppellate Division of the Supreme Court of the State of New York · 2016
  3. Ball v. MillerAppellate Division of the Supreme Court of the State of New York · 2018
  4. Batista v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2025
  5. Currid v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025

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