Opinion
2013-05-7
Terry GRIMES, Plaintiff–Appellant, v. The CITY OF NEW YORK, et al., Defendants–Respondents.
Meagher & Meagher, P.C., White Plains (Christopher B. Meagher of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Kathy H. Chang of counsel), for respondents.
Meagher & Meagher, P.C., White Plains (Christopher B. Meagher of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Kathy H. Chang of counsel), for respondents.
FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, MANZANET–DANIELS, CLARK, JJ.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about April 6, 2012, which, upon renewal, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff was searched after two women in the backseat of a livery cab told a police officer who had responded to a radio transmission reporting a road rage incident involving a gun that plaintiff had pulled a gun and threatened the cab driver. Plaintiff was arrested after the officer recovered a gun and ammunition, and criminal charges were brought against him. After the charges were dropped, plaintiff brought this action, alleging false arrest, false imprisonment, malicious prosecution and violation of his civil rights pursuant to 42 USC § 1983.
The false arrest, false imprisonment, and malicious prosecution claims were correctly dismissed because the statements of the two women, who were “upset” and “scared,” provided the officer with probable cause to arrest ( see Hernandez v. City of New York, 100 A.D.3d 433, 953 N.Y.S.2d 199 [1st Dept. 2012];Marrero v. City of New York, 33 A.D.3d 556, 824 N.Y.S.2d 228 [1st Dept. 2006] ). There is nothing in the record that suggests that the officer should have questioned the complainants' credibility ( see Medina v. City of New York, 102 A.D.3d 101, 104, 953 N.Y.S.2d 43 [1st Dept. 2012];People v. Nichols, 156 A.D.2d 129, 130, 548 N.Y.S.2d 175 [1st Dept. 1989], lv. denied76 N.Y.2d 740, 558 N.Y.S.2d 902, 557 N.E.2d 1198 [1990];and see People v. Colon, 95 A.D.3d 420, 942 N.Y.S.2d 542 [1st Dept. 2012], lv. denied19 N.Y.3d 1025, 953 N.Y.S.2d 558, 978 N.E.2d 110 [2012] ). Nor does plaintiff's denial of their allegations raise a triable issue of fact either as to probable cause or whether the allegations were made at all ( see Medina, 102 A.D.3d at 105, 953 N.Y.S.2d 43).
The 42 USC § 1983 claim was correctly dismissed, because plaintiff failed to allege that his injury resulted from the officer's execution of official custom or policy ( see Monell v. Department of Social Servs. of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 [1978] ).
We have considered plaintiff's remaining contentions and find them unavailing.