Opinion
6403 Index 152416/13
04-26-2018
Ricky DAVIS, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant–Respondent, Police Officer "John" Casey (first name unknown), Defendant.
Jonah Grossman, Jamaica (Lawrence B. Lame of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Melanie T. West of counsel), for respondent.
Jonah Grossman, Jamaica (Lawrence B. Lame of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Melanie T. West of counsel), for respondent.
Mazzarelli, J.P., Kapnick, Kahn, Kern, Singh, JJ.
Order, Supreme Court, New York County (James E. d'Auguste, J.), entered January 11, 2017, which granted defendant City of New York's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff alleges that he was unlawfully arrested and charged with several gambling-related offenses for soliciting people on the street to play three-card monte. Plaintiff cannot prevail, however, on his false arrest, false imprisonment, and malicious prosecution claims because the police officer's observations, training and experience, and the report of an identified citizen accusing plaintiff of committing the specified criminal conduct gave the officer probable cause to arrest plaintiff (see Walker v. City of New York , 148 A.D.3d 469, 470, 50 N.Y.S.3d 320 [1st Dept. 2017] ; Leftenant v. City of New York , 70 A.D.3d 596, 895 N.Y.S.2d 88 [1st Dept. 2010] ). Moreover, there were no "materially impeaching circumstances" of the officer's testimony so as to raise a question of fact as to whether he had probable cause to effectuate plaintiff's arrest (see Grimes v. City of New York , 106 A.D.3d 441, 965 N.Y.S.2d 50 [1st Dept. 2013] ; Medina v. City of New York, 102 A.D.3d 101, 105, 953 N.Y.S.2d 43 [1st Dept. 2012] ).