Brown v. Port Auth. of New York New Jersey

Full title: STANLEY BROWN et al., Appellants, v. PORT AUTHORITY OF NEW YORK AND NEW…

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

Date published: Dec 12, 1991

178 A.D.2d 242 (N.Y. App. Div. 1991)

Opinion

December 12, 1991

Appeal from the Supreme Court, New York County (Francis Pecora, J.).

In this action brought to recover damages for false arrest, plaintiffs' motion for summary judgment was properly denied. The record does not conclusively show that plaintiffs' "confinement was not otherwise privileged". (Broughton v State of New York, 37 N.Y.2d 451, 456, cert denied sub nom. Schanbarger v Kellogg, 423 U.S. 929.) The averments of the police which support the conclusion that plaintiffs' arrests were justified, are in conflict with those offered by the plaintiffs in support of the motion and, thus, raised issues of fact. One of these issues is whether an exigent circumstance existed which justified a police order to plaintiffs to either leave the scene or perform their duties.

Concur — Milonas, J.P., Rosenberger, Kupferman, Ross and Asch, JJ.