Minott v. City of New York
| Citation | 609 N.Y.S.2d 334,203 A.D.2d 265 |
| Parties | Cherwin MINOTT, Appellant, v. CITY OF NEW YORK, et al., Respondents. |
| Decision Date | 04 April 1994 |
| Court | New York Supreme Court Appellate Division |
Traub & Traub, P.C., New York City (Doris G. Traub, of counsel), for appellant.
Paul A. Crotty, Corp. Counsel, New York City (Francis F. Caputo and Elizabeth I. Freedman, of counsel), for respondents.
Before MANGANO, P.J., and MILLER, HART and FLORIO, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages for false arrest, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Richmond County (Sangiorgio, J.), entered April 27, 1992, which granted the defendants' motion for reargument and, upon reargument, granted their motion for summary judgment dismissing the cause of action to recover damages for false arrest.
ORDERED that the order and judgment is affirmed, with costs.
On June 16, 1988, the plaintiff surrendered himself for arrest for the forcible rape of a young teenage girl, which allegedly occurred in October 1987. The victim, who was living with her parents at the time, feared the consequences of her parents' reaction to having been raped by the plaintiff, who was her supervisor at work. She did not tell her parents about the rape until eight months later, when her mother took her to a doctor to find out why she was putting on weight, at which time she could no longer hide the truth due to her pregnancy.
The victim's mother took her to the police and the victim swore out a complaint against the plaintiff, identifying him by name, providing a physical description of him, setting forth his place of employment, and providing a detailed statement of what transpired on the night of the alleged rape. After a detective reviewed the complaint, he interviewed the victim. The victim told him that while the plaintiff, her supervisor, was driving her home from her job late one night in October 1987 he took a different route than he had previously taken, drove past her home, and parked near a train station, where he told the victim he wanted to have a sexual relationship with her. When the victim turned down the plaintiff's advances to have an affair with him, the plaintiff forcibly raped her.
The detective and a fellow police officer visited the plaintiff at his place of employment on June 15, 1988, and told him about the pending complaint. On the following day, the plaintiff surrendered himself to the police for arrest. The charges against the plaintiff were subsequently dismissed on April 14, 1989, on speedy trial grounds.
Thereafter, the plaintiff commenced this action in June 1989 seeking damages, inter alia, for false arrest, on the ground that the City did not have probable cause to make the arrest. The defendants moved for summary judgment, seeking dismissal of the false arrest cause of action, on the ground that the plaintiff was arrested with probable cause. Upon reargument, the Supreme Court granted the defendants' motion. We affirm.
The plaintiff's contention that...
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