Gantt v. County of Nassau
| Decision Date | 09 December 1996 |
| Citation | 234 A.D.2d 338,651 N.Y.S.2d 541 |
| Parties | George GANTT, et al., Respondents, v. COUNTY OF NASSAU, etc., et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Owen B. Walsh, County Attorney, Mineola (Gary F. Westfal, of counsel), for appellants County of Nassau and "John" Browne.
Ciovacco & Campanella, East Meadow (Robert J. Ciovacco, of counsel), for appellants Village of Malverne, Malverne Police Department, and John Aresta.
Before BRACKEN, J.P., and COPERTINO, JOY and ALTMAN, JJ.
MEMORANDUM BY THE COURT.
In a consolidated action, inter alia, to recover damages for false arrest and malicious prosecution, the defendants County of Nassau and "John" Browne and the defendants Village of Malverne, the Malverne Police Department, and John Aresta separately appeal from so much of an order of the Supreme Court, Nassau County (Feuerstein, J.), dated September 18, 1995, as, in effect, denied those branches of their respective motions which were for summary judgment dismissing (1) the plaintiffs' causes of action to recover damages for (a) false arrest and imprisonment, malicious prosecution, and defamation insofar as asserted against all the defendants, (b) negligence and violation of 42 U.S.C. § 1983 as asserted against the individual defendants, and (c) negligent hiring and supervision as asserted against the County of Nassau, Village of Malverne, and the Malverne Police Department, and (2) so much of the cause of action to recover damages for assault as alleges an unlawful touching.
ORDERED that the order is modified, on the law, (1) by deleting the provisions thereof which denied those branches of the motion of the defendants County of Nassau and "John" Browne which were for summary judgment dismissing the plaintiffs' causes of action to recover damages for false arrest and imprisonment, malicious prosecution, and defamation insofar as asserted against them, negligence and violation of 42 U.S.C. § 1983 insofar as asserted against Browne, negligent hiring and supervision insofar as asserted against the County of Nassau, and so much of the cause of action to recover damages for assault as alleges an unlawful touching insofar as asserted against them, and substituting therefor provisions granting those branches of the motion, and (2) by deleting the provisions thereof which denied those branches of the motion of the defendants Village of Malverne, the Malverne Police Department, and John Aresta which were for summary judgment dismissing the plaintiffs' causes of action to recover damages for malicious prosecution and defamation insofar as asserted against them, negligence insofar as asserted against Aresta, and negligent hiring and supervision insofar as asserted against the Village of Malverne and the Malverne Police Department, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable to the appellants appearing separately and filing separate briefs.
The Supreme Court properly declined to dismiss the plaintiffs' cause of action to recover damages for false arrest as asserted against the defendants Village of Malverne, Malverne Police Department (hereinafter the Malverne defendants) and Police Officer...
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