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Thames v. N.Y.C. Police Dep't

Supreme Court, Appellate Division, First Department, New York.
Apr 9, 2013
105 A.D.3d 481 (N.Y. App. Div. 2013)

Opinion

2013-04-9

Keith THAMES, Plaintiff–Appellant, v. NEW YORK CITY POLICE DEPARTMENT, et al., Defendants–Respondents.

Mullaney & Gjelaj, PLLC, Middle Village (Nick Gjelaj of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.



Mullaney & Gjelaj, PLLC, Middle Village (Nick Gjelaj of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
MAZZARELLI, J.P., ACOSTA, RENWICK, RICHTER, GISCHE, JJ.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 10, 2012, which granted defendants' motion to change venue from Bronx County to Queens County, unanimously affirmed, without costs.

Plaintiff asserts causes of action for, inter alia, false arrest and imprisonment, malicious prosecution, and violation of civil rights, following his arrest, initial incarceration, prosecution, and eventual acquittal in Queens County. All of the necessary elements giving rise to plaintiff's causes of action for false arrest and imprisonment occurred in Queens County, and plaintiff does not assert any distinct claim based on misconduct of City officials occurring in Bronx County. Thus, notwithstanding the length of plaintiff's detention in Bronx County, the action was properly transferred pursuant to CPLR 504(3) ( see Garces v. City of New York, 60 A.D.3d 551, 877 N.Y.S.2d 12 [1st Dept. 2009]; Smith v. City of New York, 60 A.D.3d 540, 877 N.Y.S.2d 13 [1st Dept. 2009] ).


Summaries of

Thames v. N.Y.C. Police Dep't

Supreme Court, Appellate Division, First Department, New York.
Apr 9, 2013
105 A.D.3d 481 (N.Y. App. Div. 2013)
Case details for

Thames v. N.Y.C. Police Dep't

Case Details

Full title:Keith THAMES, Plaintiff–Appellant, v. NEW YORK CITY POLICE DEPARTMENT, et…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Apr 9, 2013

Citations

105 A.D.3d 481 (N.Y. App. Div. 2013)
105 A.D.3d 481
2013 N.Y. Slip Op. 2359

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