Opinion
2012-11-27
Bernard LEWIS, Respondent, v. Joseph CAPUTO, etc., Appellant, The City of New York, et al., Defendants.
Michael A. Cardozo, Corporation Counsel, New York City (June A. Witterschein of counsel), for appellant. Michael J. Andrews, P.C., New York City (Michael J. Andrews of counsel), for respondent.
Michael A. Cardozo, Corporation Counsel, New York City (June A. Witterschein of counsel), for appellant. Michael J. Andrews, P.C., New York City (Michael J. Andrews of counsel), for respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.
The Appellate Division incorrectly determined that defendant failed to provide a sufficient basis for establishing probable cause as a matter of law. While different inferences as to plaintiff's guilt or innocence of the underlying crime are possible, only one reasonable inference could be drawn from the facts regarding probable cause. Therefore, the issue was not one properly presented to the jury for determination ( see Veras v. Truth Verification Corp., 57 N.Y.2d 947, 457 N.Y.S.2d 241, 443 N.E.2d 489 [1982],affirming for the reasons stated at87 A.D.2d 381, 451 N.Y.S.2d 761 [1st Dept. 1982]; cf. Smith v. County of Nassau, 34 N.Y.2d 18, 355 N.Y.S.2d 349, 311 N.E.2d 489 [1974] ). Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and complaint dismissed, in a memorandum.