Ali v. City of N.Y.

• Decision Date: 21 December 2016
• Citation: 2016 N.Y. Slip Op. 08490,43 N.Y.S.3d 491,145 A.D.3d 838
• Parties: Ryan ALI, respondent, v. CITY OF NEW YORK, et al., appellants.
• Court: New York Supreme Court — Appellate Division

145 A.D.3d 838

43 N.Y.S.3d 491

2016 N.Y. Slip Op. 08490

Ryan ALI, respondent,

v.CITY OF NEW YORK, et al., appellants.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 21, 2016.

Zachary W. Carter, Corporation Counsel, New York, NY (Larry A. Sonnenshein, Ronald E. Sternberg, Pamela Seider Dolgow, and Jeremy Shweder of counsel), for appellants.

Burns & Harris, New York, NY (Christopher J. Donadio and Judith F. Stempler of counsel), for respondent.

RUTH C. BALKIN, J.P., L. PRISCILLA HALL, SANDRA L. SGROI, and BETSY BARROS, JJ.

In an action, inter alia, to recover damages for false arrest and violations of civil rights pursuant to 42 U.S.C. § 1983, the defendants appeal from a judgment of the Supreme Court, Kings County (Graham, J.), entered July 7, 2014, which, upon the denial of their motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint, made at the close of evidence, and upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $250,000.

ORDERED that the judgment is reversed, on the law, those branches of the defendants' motion which were pursuant to CPLR 4401 for judgment as a matter of law dismissing the causes of action alleging false arrest and violations of civil rights pursuant to 42 U.S.C. § 1983 are granted, those causes of action are dismissed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of damages on the remaining cause of action.

The plaintiff was stopped by police for allegedly urinating in public. After he was stopped, the police determined that there was an outstanding warrant for the plaintiff's arrest, and they arrested him pursuant to the warrant. He was released about 36 hours later, after he was arraigned, and the case was ultimately dismissed pursuant to an adjournment in contemplation of dismissal. The plaintiff then commenced this action alleging, inter alia, false arrest and violations of 42 U.S.C. § 1983. The case proceeded to a jury trial. At the close of evidence, the Supreme Court denied the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint. The jury returned a verdict in favor of the plaintiff and against the defendants awarding damages in the principal sum of $250,000. A judgment was entered on the verdict and the defendants appeal.

To be awarded judgment as a matter of law pursuant to CPLR 4401, a defendant must show that, upon viewing the evidence in the light most favorable to the plaintiff, there is no rational basis by which the jury could find for the plaintiff against the moving defendant (see Sargiss v. Magarelli, 115 A.D.3d 842, 982 N.Y.S.2d 362 ; Clarke v. Phillips, 112 A.D.3d 872, 874, 978 N.Y.S.2d 281 ). The plaintiff's evidence must be accepted as true, and the plaintiff is entitled to every favorable inference that can be reasonably drawn therefrom (see Sargiss v. Magarelli, 115 A.D.3d 842, 982 N.Y.S.2d 362 ; Clarke v. Phillips, 112 A.D.3d at 874, 978 N.Y.S.2d 281 ).

Where the confinement or detention of an individual against his or her will is privileged, a cause of action alleging false arrest will not lie (see Broughton v. State of New York, 37 N.Y.2d 451, 373 N.Y.S.2d 87, 335 N.E.2d 310 ; Saunsen v. State, 81 A.D.2d 252, 440 N.Y.S.2d 281 ). One instance in which the privilege applies is when the confinement is based on a facially valid arrest warrant, issued by a court having jurisdiction (see Broughton v. State of New York, 37 N.Y.2d 451, 373 N.Y.S.2d 87...