Fulton v. New York City Police Department

OPINION OF THE COURT

Amended judgment, entered February 7, 2005, to the extent appealed from, reversed, without costs, defendants’ motion to set aside the jury verdict on the false arrest claim granted and plaintiffs false arrest cause of action dismissed. The Clerk is directed to enter a further amended judgment accordingly.

Defendants’ motion for judgment notwithstanding the verdict on plaintiffs false arrest claim should have been granted. The existence of probable cause serves as a legal justification for an arrest and an affirmative defense to a false arrest claim (see Martinez v City of…