In opposition to the cross motion, plaintiffs submitted plaintiff's own affidavit in which she averred that she did not obtain Warfield's number through misrepresentation, contacted Warfield's residence out of concern for the whereabouts of her daughter and did not use obscene or vulgar language or threaten to harm the Warfield children. In addition, plaintiffs submitted the affidavit of Collins who stated that Warfield told her she was going to have plaintiff arrested and was going to tell the police that plaintiff had threatened her children even though she knew it was not true. Under the particular circumstances presented, the submissions were sufficient to raise a question of fact as to whether the police acted with probable cause in arresting plaintiff and whether they are entitled to qualified immunity thereby precluding the grant of summary judgment dismissing plaintiffs' eleventh and twelfth causes of action (see, Masters v. Hartman, 148 A.D.2d 683; cf., Zientek v. State of New York, 222 A.D.2d 1041, 1042, appeal dismissed 87 N.Y.2d 1054, cert denied 519 U.S. 862). Consequently, we decline to disturb Supreme Court's ruling in that regard. ORDERED that the order is modified, on the law, without costs, by reversing so much thereof as partially denied the cross motion for summary judgment with respect to the ninth and tenth causes of action; cross motion granted to that extent and said causes of action are dismissed; and, as so modified, affirmed.