Opinion
10539 Index 305926/13
12-12-2019
Derrick TAYLOR, Plaintiff–Respondent, v. The CITY OF NEW YORK, et al., Defendants–Appellants, The Tactical Team Sgt., etc. et al., Defendants.
Zachary W. Carter, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for appellants. Sim & DePaola LLP, Bayside (Sang J. Sim of counsel), for respondent.
Zachary W. Carter, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for appellants.
Sim & DePaola LLP, Bayside (Sang J. Sim of counsel), for respondent.
Richter, J.P., Gische, Mazzarelli, Moulton, JJ.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about January 31, 2019, which denied defendants' motion for summary judgment dismissing plaintiff's state and federal claims of malicious prosecution, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Defendants established prima facie entitlement to judgment as a matter of law. The record shows that defendants' observations provided probable cause for plaintiff's arrest, giving them a complete defense to the claims of malicious prosecution notwithstanding the subsequent dismissal of the criminal charges (see De Lourdes Torres v. Jones , 26 N.Y.3d 742, 759–761, 47 N.E.3d 747 [2016] ; Arzeno v. Mack , 39 A.D.3d 341, 833 N.Y.S.2d 480 [1st Dept. 2007] ; Batista v. City of New York , 15 A.D.3d 304, 790 N.Y.S.2d 445 [1st Dept. 2005] ). Plaintiff also failed to establish actual malice with respect to the prosecution (see Jenkins v. City of New York , 2 A.D.3d 291, 770 N.Y.S.2d 22 [1st Dept. 2003] ).