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Williams v. Amin

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 2008
52 A.D.3d 823 (N.Y. App. Div. 2008)

Opinion

No. 2006-11181.

June 24, 2008.

In an action to recover damages for false arrest and malicious prosecution, the plaintiff appeals from an order of the Supreme Court, Queens County (Satterfield, J.), entered November 2, 2006, which granted the defendants' motion for summary judgment dismissing the complaint.

ANGELA WILLIAMS, Rockaway Park, N.Y., appellant pro se.

Nicolini, Paradise, Ferretti Sabella, Mineola, N.Y. (John J. Nicolini of counsel), for respondents.

Before: Rivera, J.P., Covello, Angiolillo and McCarthy, JJ.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the compliant, which asserted causes of action alleging false arrest and malicious prosecution. The evidence demonstrated merely that the defendants contacted the police and signed a criminal complaint against the plaintiff alleging harassment. "[A] civilian defendant who merely furnishes information to law enforcement authorities who are then free to exercise their own independent judgment as to whether an arrest will be made and criminal charges filed will not be held liable for malicious prosecution" ( Lupski v County of Nassau, 32 AD3d 997, 998) or false arrest ( see Du Chateau v Metro-North Commuter R.R. Co., 253 AD2d 128, 131). Since the plaintiff failed to raise a triable issue of fact in opposition to the defendants' prima facie demonstration of entitlement to judgment as a matter of law, the defendants' motion was properly granted.


Summaries of

Williams v. Amin

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 2008
52 A.D.3d 823 (N.Y. App. Div. 2008)
Case details for

Williams v. Amin

Case Details

Full title:ANGELA WILLIAMS, Appellant, v. KALPESH AMIN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 24, 2008

Citations

52 A.D.3d 823 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5924
861 N.Y.S.2d 118

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