Drayton v. City of Ny, 1

• Decision Date: 07 March 2002
• Docket Number: 1,222
• Parties: Nathaniel Drayton, Plaintiff-Respondent, v The City of New York, Defendant-Appellant. 222 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT Decided on
• Court: New York Supreme Court — Appellate Division

Nathaniel Drayton, Plaintiff-Respondent v The City of New York, Defendant-Appellant

222

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

Decided on March 7, 2002

John J. Palmeri - for plaintiff-respondent,

Dona B. Morris - for defendant-appellant.

Nardelli, J.P., Tom, Andrias, Rubin, Buckley, JJ.,

Judgment, Supreme Court, New York County (Donna Mills, J.), entered November 22, 2000, which, upon a jury verdict, awarded plaintiff damages for false arrest in the principal amount of $27,000, unanimously reversed, on the law, without costs, defendant's motion to set aside the verdict granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiff sued the City for false arrest, alleging that he was unlawfully arrested and charged with assault in the second degree and criminal possession of a weapon in the fourth degree. These charges subsequently were dismissed on the People's motion. The underlying charges had arisen out of an altercation between plaintiff, who managed real property for his aunt, and the complainant, Evan Smith, whose girlfriend resided in one of the apartments. At the civil trial, plaintiff testified that the acrimonious relationship between Smith and his girlfriend led plaintiff to inform them they would have to leave. Plaintiff claimed Smith pushed him and the two had a physical altercation near the stairwell. Smith fell down the stairs. Plaintiff saw blood and heard Smith's head bang against the marble. Smith then left the premises and was not seen again by plaintiff, but he apparently went to a hospital and shortly after filed a criminal complaint alleging that plaintiff had hit him in the head with a pipe. The responding officer testified that he contacted plaintiff, gave him sufficient time to consult with counsel, and later arrested him. Although plaintiff apparently explained what had occurred, nevertheless the officer responded to the complaint and, viewed Smith's head injuries. The parties stipulated to the fact of Smith's admission to the hospital shortly after the altercation and that he was treated for a laceration. The City's motion for a directed verdict on the basis that plaintiff had failed to establish a prima facie case and that the weight of the evidence did not support a claim of false arrest was denied. After the verdict was rendered, the City moved to set it aside on similar grounds, which also was denied. This was error.

The dispositive...