Legal Opinion

Fortunato v. City of New York

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

Decided June 16, 2009PublishedCited by 43 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for false arrest and malicious prosecution, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Kurtz, J.), dated March 13, 2008, as denied those branches of its motion which were for summary judgment dismissing the causes of action alleging false arrest and malicious prosecution.

Ordered that the order is affirmed insofar as appealed from, with costs.

Probable cause to believe that a person committed a crime is a complete defense to claims of false arrest and malicious prosecution (see Gisondi…

2Cases cited11 opinions

  1. Broughton v. StateNew York Court of Appeals · 1975
  2. Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
  3. Gisondi v. Town of HarrisonNew York Court of Appeals · 1988
  4. Smith v. County of NassauNew York Court of Appeals · 1974
  5. Carlton v. Nassau County Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by43 opinions

  1. Maria De Lourdes Torres v. Police Officer JonesNew York Court of Appeals · 2016
  2. Holland v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2011
  3. Batten v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  4. Dore v. WormleyDistrict Court, S.D. New York · 2010
  5. Rodgers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013

38 more not listed; retrieve them via the Exa API.

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