Campbell v. County of Westchester

• Decision Date: 18 January 2011
• Citation: 80 A.D.3d 641,914 N.Y.S.2d 674
• Parties: Fitzroy CAMPBELL, appellant, v. COUNTY OF WESTCHESTER, et al., respondents.
• Court: New York Supreme Court — Appellate Division

914 N.Y.S.2d 674

80 A.D.3d 641

Fitzroy CAMPBELL, appellant,

v.COUNTY OF WESTCHESTER, et al., respondents.

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

Jan. 18, 2011.

Safety Services, and Police Officer "John" Tierney.

Loretta J. Hottinger, Corporation Counsel, Mount Vernon, N.Y. (Hina Sherwani of counsel), for respondent City of Mount Vernon.

In an action, inter alia, to recover damages for false arrest and false imprisonment, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Smith, J.), entered October 26, 2009, which granted the motion of the defendants County of Westchester, Westchester County Police Department, Westchester County Department of Public Safety Services, and Police Officer "John" Tierney, inter alia, pursuant to CPLR 3211(a)(1) to dismiss the complaint insofar as asserted against them, and (2) an order of the same court dated December 16, 2009, which granted the motion of the defendant City of Mount Vernon for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that orders are affirmed, with one bill of costs to the defendants appearing separately and filing separate briefs.

The plaintiff commenced this action against the County of Westchester and the City of Mount Vernon, among others, to recover damages for false arrest and false imprisonment, arising out of an arrest effectuated by an officer of the Westchester County Police Department.

The Supreme Court properly granted the motion of the defendants County of Westchester, Westchester County Police Department, Westchester County Department of Public Safety Services, and Police Officer "John" Tierney, inter alia, pursuant to CPLR 3211(a)(1) to dismiss the complaint insofar as asserted against them. The documentary evidence submitted by these moving defendants conclusively established that theplaintiff was arrested pursuant to a facially valid arrest warrant issued by a court having jurisdiction, thus defeating the causes of action to recover damages for false arrest and false imprisonment ( see Broughton v. State of New York, 37 N.Y.2d 451, 457, 373 N.Y.S.2d 87, 335 N.E.2d 310, cert. denied sub nom. Schanbarger v. Kellogg, 423 U.S. 929, 96 S.Ct. 277, 46 L.Ed.2d 257; Johnson v. Kings County Dist. Attorney's Off., 308 A.D.2d 278, 286, 763 N.Y.S.2d 635; Russo v. Village of Port Chester, 198 A.D.2d 408, 603 N.Y.S.2d 582; Saunsen v. State of New York, 81 A.D.2d 252, 253, 440 N.Y.S.2d 281).

The Supreme Court also...