Opinion
October 5, 1987
Appeal from the Supreme Court, Kings County (Rader, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff claimed that she was assaulted by police officers, while, in their version, she became belligerent while being arrested for driving while intoxicated. The plaintiff's cause of action for damages based upon false arrest was dismissed prior to the commencement of the trial. Her remaining causes of action sounded in negligence and assault and battery.
Over defense objection, the plaintiff was permitted to elicit the fact that the criminal charges brought against the plaintiff by the police officers were subsequently dismissed. Although the general rule is that the admission of such evidence is error (see, Ramirez v. City of New York, 70 A.D.2d 904), in the instant case the error was ameliorated by the trial court's curative instruction to the jury given without objection. We also note that the defendants made no request to charge and no motion for a mistrial on this ground (see, Kane v. Zade, 63 A.D.2d 993, lv denied 45 N.Y.2d 709; Coleman v. City of New York, 37 A.D.2d 764). Lawrence, J.P., Eiber, Spatt and Sullivan, JJ., concur.