Kracht v. Town of Newburgh

• Decision Date: 15 December 1997
• Citation: 245 A.D.2d 424,666 N.Y.S.2d 197
• Parties: , 1997 N.Y. Slip Op. 10,999 Matthew KRACHT, Appellant, v. TOWN OF NEWBURGH, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 197

666 N.Y.S.2d 197

245 A.D.2d 424, 1997 N.Y. Slip Op. 10,999

Matthew KRACHT, Appellant, v. TOWN OF NEWBURGH, et al., Respondents.

Supreme Court, Appellate Division Second Department.

Dec. 15, 1997.

Gregory G. Hoover, Sr., P.C., Goshen (Joseph R. Rivest, of counsel), for appellant.

Rosenstein, McKenna & Bonney, Middletown (Monte J. Rosenstein, of counsel), for respondent Town of Newburgh.

Before ROSENBLATT, J.P., and MILLER, RITTER and FLORIO, JJ.

MEMORANDUM BY THE COURT.

In an action, inter alia, to recover damages for false arrest and unlawful imprisonment, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated October 30, 1996, which, upon reargument, denied his motion for partial summary judgment on the issue of liability and granted the cross motion of the defendant Town of Newburgh for partial summary judgment dismissing the cause of action to recover damages for false arrest.

ORDERED that the order is affirmed, with costs.

The defendant Christine M. Zoldak, who lived in a trailer park owned by the defendant Candlestick Associates, L.P., and managed by the defendant John Warner, complained to police officers of the defendant Town of Newburgh Police Department that the plaintiff was trespassing on her property and the trailer park property. Shortly thereafter, while he was visiting with other tenants of the trailer park, the plaintiff was arrested for trespassing. The charge was later dismissed and the plaintiff then brought this action, inter alia, to recover damages for false arrest and unlawful imprisonment.

A cause of action to recover damages for false arrest does not lie if the defendant can establish the existence of probable cause for the plaintiff's arrest (see, Broughton v. State of New York, 37 N.Y.2d 451, 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; see also, Lui Yi v. City of New York, 227 A.D.2d 453, 643 N.Y.S.2d 123). In support of its cross motion for partial summary judgment dismissing the cause of action to recover damages for false arrest, the defendant Town of Newburgh presented evidence that its police officers were told by the defendant Christine M. Zoldak that the plaintiff was trespassing on the trailer park property and that she had the authority to sign a complaint against the plaintiff. She signed a complaint and the plaintiff was arrested shortly thereafter on the trailer park...