Opinion
July 7, 1955.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Coon, Halpern, Imrie and Zeller, JJ.
The actions were brought to recover damages for assault and for false arrest, and were tried together. The defendant Racing Association operates a pari-mutuel harness racing track at Saratoga Springs, N.Y., under a license from the State Harness Racing Commission. That license is in constant jeopardy if any illegal betting occurs at the track. Defendant King at the time of the occurrence involved was in the employ of the Racing Association in charge of a plain-clothes detail. Defendant Armstrong, a former chief of police of the City of Saratoga Springs, was a plain-clothes officer under defendant King. The basis of the alleged assault and false arrest is that the plaintiffs were asked to leave the track and not return. Plaintiffs contended at the trial that they were detained, "grabbed" and restrained. However, the evidence would permit the jury to find that nothing more occurred than a request to leave, made in the quietest manner possible, which the defendants had a right to do. The case was submitted to the jury on a charge to which no exception was taken. The jury verdicts of no cause of action were permissible under the evidence. Judgments unanimously affirmed, with costs.