Opinion
October 2, 1961
In an action for recovery of damages for alleged false arrest and imprisonment, defendant appeals from an order of the Supreme Court, Nassau County, dated May 3, 1961, denying his motion for summary judgment. Order affirmed, without costs. Questions of fact exist: (1) as to whether defendant, a private person, instigated or directed the arrest and imprisonment, as distinguished from merely furnishing information to police officers who made the arrest, for their guidance (cf. Francis v. Taft Cleaners Dyers, 281 App. Div. 893, motion for reargument and for leave to appeal denied 281 App. Div. 983, motion for leave to appeal denied 305 N.Y. 930; Stearns v. New York City Tr. Auth., 24 Misc.2d 216, affd. 12 A.D.2d 451); and (2) as to whether there was probable cause for the arrest and imprisonment (cf. Agar v. Kelsey, 253 App. Div. 726). Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur. [ 28 Misc.2d 866.]