Legal Opinion

Abdul-Aziz v. City of New York

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

Decided November 13, 2008Published

1Opinion of the Court

*292Judgment, Supreme Court, Bronx County (Alan J. Saks, J.), entered on or about March 30, 2006, which, upon the prior grant of defendant’s motion for a directed verdict, dismissed the complaint, unanimously affirmed, without costs.

Plaintiff did not establish a prima facie case of either false arrest or malicious prosecution. We reject plaintiff’s argument that, in dismissing these claims, the trial court resolved issues of credibility or competing inferences.

On the morning of February 5, 1997, while executing a search warrant at a Bronx apartment, New York Police Department Captain Timothy…

2Cases cited7 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. People v. LancasterNew York Court of Appeals · 1986
  4. Gisondi v. Town of HarrisonNew York Court of Appeals · 1988
  5. Smith v. County of NassauNew York Court of Appeals · 1974

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