Mercado v. City of New York
| Decision Date | 28 February 2000 |
| Citation | 269 A.D.2d 576,703 N.Y.S.2d 283 |
| Parties | BALTAZAR MERCADO et al., Respondents,<BR>v.<BR>CITY OF NEW YORK, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ritter, J. P., Altman, Krausman and McGinity, JJ., concur.
Ordered that the judgment is affirmed, with costs.
Ordinarily, "information provided by an identified citizen accusing another individual of the commission of a specific crime is sufficient to provide the police with probable cause to arrest" (Minott v City of New York, 203 AD2d 265, 267). Here, however, the identification of the accused was at issue. Considering the circumstances known to the police officers at the time that they arrested the plaintiff Baltazar Mercado, it cannot be said as a matter of law that the officers acted reasonably (see, Smith v County of Nassau, 34 NY2d 18; Stile v City of New York, 172 AD2d 743; Canteen v City of White Plains, 165 AD2d 856). Consequently, the Supreme Court properly denied the defendant's motion pursuant to CPLR 4401 for judgment as a matter of law on the cause of action to recover damages for false arrest. Further, the verdict was not against the weight of the evidence (see, Cohen v Hallmark Cards, 45 NY2d 493, 498).
Finally, the award of damages did not deviate materially from what would be reasonable compensation (see, CPLR 5501 [c]).
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DC v. City of N.Y.
...the police with probable cause to arrest (Minott v. City of New York, 203 A.D.2d 265, 267 [2d Dept 1994] ; see Mercado v. City of New York, 269 A.D.2d 576, 576 [2d Dept 2000] ; People v. Lacen, 154 A.D.2d 398, 399 [2d Dept 1989] ; People v. Brown, 146 A.D.2d 793, 793 [2d Dept 1989] ; People......
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Prophet v. Nassau County Police Department, 2007 NY Slip Op 33022(U) (N.Y. Sup. Ct. 9/21/2007)
...based upon "the circumstances known to the police officers at the time that they arrested the plaintiff." (Mercado v. City of New York 269 A.D.2d 576, 576, 703 N.Y.S.2d 283, 2nd Dept., 2000). The initial arrest, therefore, could not be tainted by the fact that Mr. Randall stated at the hosp......
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