Legal Opinion

Stalteri v. County of Monroe

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

Decided January 29, 1985PublishedCited by 20 opinions

1Opinion of the Court

— Order unanimously reversed, on the law, without costs, and county defendants’ motion granted. Memorandum: Plaintiff sued the county defendants and the Town of Webster alleging causes of action for false arrest, abuse of process and negligence based upon the arrest of plaintiff by a Monroe County deputy sheriff. Special Term erred in denying the motion to dismiss made by the county defendants pursuant to CPLR 3211 (subd [a], par 7). Since the arrest was made pursuant to a warrant valid on its face, there is no basis for an action for false arrest (see Broughton v State of New York, 37 NY2d…

2Cases cited8 opinions

  1. Broughton v. StateNew York Court of Appeals · 1975
  2. Curiano v. SuozziNew York Court of Appeals · 1984
  3. Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
  4. Barr v. County of AlbanyNew York Court of Appeals · 1980
  5. Hauser v. BartowNew York Court of Appeals · 1937

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3Cited by20 opinions

  1. Sarnicola v. County of WestchesterDistrict Court, S.D. New York · 2002
  2. Jemison v. CrichlowAppellate Division of the Supreme Court of the State of New York · 1988
  3. Butler v. Delaware Otsego CorpAppellate Division of the Supreme Court of the State of New York · 1994
  4. Secard v. Department of Social Services of County of NassauAppellate Division of the Supreme Court of the State of New York · 1994
  5. Antonious v. MuhammadAppellate Division of the Supreme Court of the State of New York · 1998

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