Opinion
07-07-2016
Lincoln PATRICK, et al., Plaintiffs–Appellants, v. UNITED PARCEL SERVICE, INC., et al., Defendants–Respondents, “John” and “Jane” Does, etc., Defendants.
The Cochran Firm, New York (Norman A. Olch of counsel), for appellants. Ansa Assuncao LLP, White Plains (Stephen McLaughlin of counsel), for respondents.
The Cochran Firm, New York (Norman A. Olch of counsel), for appellants.
Ansa Assuncao LLP, White Plains (Stephen McLaughlin of counsel), for respondents.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered July 31, 2015, which, insofar as appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the claim of malicious prosecution, unanimously affirmed, without costs. The record does not support a finding that defendants initiated the criminal proceeding against plaintiff Lincoln Patrick without probable cause and with malice (see Colon v. City of New York, 60 N.Y.2d 78, 82, 468 N.Y.S.2d 453, 455 N.E.2d 1248 [1983] ). It shows only that they provided the police with information and cooperated with authorities; there is no evidence that defendants affirmatively induced the authorities to act (see Moorhouse v. Standard, N.Y., 124 A.D.3d 1, 7, 997 N.Y.S.2d 127 [1st Dept. 2014] ; Brown v. Sears Roebuck & Co., 297 A.D.2d 205, 209, 746 N.Y.S.2d 141 [1st Dept.2002] ). Further, the record establishes probable cause for plaintiff's arrest and prosecution for theft and drug possession (see Brown, 297 A.D.2d at 210, 746 N.Y.S.2d 141 ). The grand jury indictment also raises a presumption of probable cause for the drug possession charge that plaintiff has not rebutted (see Colon, 60 N.Y.2d at 82, 468 N.Y.S.2d 453, 455 N.E.2d 1248 ; Morant v. City of New York, 95 A.D.3d 612, 944 N.Y.S.2d 115 [1st Dept.2012] ). Nor does the record support a finding of actual malice on defendants' part since there is no evidence that defendants initiated the arrest due to an improper motive (see Nardelli v. Stamberg, 44 N.Y.2d 500, 406 N.Y.S.2d 443, 377 N.E.2d 975 [1978] ).
We find plaintiff's other arguments unavailing.
MAZZARELLI, J.P., FRIEDMAN, ANDRIAS, WEBBER, GESMER, JJ., concur.