Murray v. City of N.Y.

CourtNew York Supreme Court Appellate Division
Writing for the CourtMAZZARELLI
Citation74 A.D.3d 550,903 N.Y.S.2d 34
Decision Date15 June 2010
PartiesTunishia R. MURRAY, Plaintiff-Appellant, v. The CITY OF NEW YORK, Defendant-Respondent.
903 N.Y.S.2d 34
74 A.D.3d 550


Tunishia R. MURRAY, Plaintiff-Appellant,
v.
The CITY OF NEW YORK, Defendant-Respondent.


Supreme Court, Appellate Division, First Department, New York.

June 15, 2010.

903 N.Y.S.2d 35

David M. Goldberg, Amenia, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.

MAZZARELLI, J.P., MOSKOWITZ, DeGRASSE, ABDUS-SALAAM, MANZANET-DANIELS, JJ.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 29, 2009, which denied plaintiff's motion for summary judgment on her cause of action for false arrest and false imprisonment, unanimously affirmed, without costs.

Plaintiff failed to submit evidence in admissible form sufficient to establish entitlement to judgment as a matter of law, but relied solely on an affirmation of counsel annexing an arrest report, and a complaint verified by counsel, who had no personal knowledge of the facts ( see Zuckerman v. City of New York, 49 N.Y.2d 557, 563, 427 N.Y.S.2d 595, 404 N.E.2d 718 [1980] ). Furthermore, plaintiff is incorrect that she can prevail by establishing that she was arrested in the late afternoon after a search warrant was executed at her apartment, held overnight, and released the next day after the District Attorney's office declined to prosecute. An action for false imprisonment may arise, even if an arrest was lawful in its inception, if there was an "unnecessary delay" in arraigning the plaintiff ( Lewis v. Counts, 81 A.D.2d 857, 857, 438 N.Y.S.2d 863 [1981] ), or if the conduct of the police "toward plaintiff after the arrest was not legally justifiable"

( Clark v. Nannery, 292 N.Y. 105, 108, 54 N.E.2d 31 [1944] ). However, plaintiff's bare showing, assuming it were based on admissible evidence, was insufficient to establish that there was any unnecessary delay in arraignment ( see CPL 140.20[1]; People ex rel. Maxian v. Brown, 77 N.Y.2d 422, 424, 568 N.Y.S.2d 575, 570 N.E.2d 223 [1991] ), or that she continued to be held without legal justification after a determination was made that there was not reasonable cause to believe she had committed the offense for which she was arrested ( see CPL 140.20[4] ). Plaintiff's failure to make a prima facie showing requires a denial of the...

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20 practice notes
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • August 19, 2014
    ...pleading of lack of standing might have dissuaded plaintiff from purchasing the note and mortgage. E.g., Murray v. City of New York, 74 A.D.3d 550, 903 N.Y.S.2d 34 (1st Dep't 2010) ; Coleman v. Maclas, 61 A.D.3d 569, 877 N.Y.S.2d 297 (1st Dep't 2009) ; 2084–2086 BPE Assoc. v. State of N.Y. ......
  • Tuchman v. Deam Props. (Us), LLC, Index No. 101056/2010
    • United States
    • United States State Supreme Court (New York)
    • April 25, 2014
    ...personal knowledge. IRB-Brasil Resseguros S.A. v. Portobello Intl. Ltd., 84 A.D.3d 637, 638 (1st Dep't 2011); Murray v. City of New York, 74 A.D. 3d 550 (1st Dep'tPage 132010); Rivera v. GT Acquisition 1 Corp., 72 A.D.3d 525, 526 (1st Dep't 2010); Babikian v. Nikki Midtown, LLC, 60 A.D.3d 4......
  • Moore v. URS Corp., Index No. 160630/2014
    • United States
    • United States State Supreme Court (New York)
    • March 28, 2019
    ...Here, third party defendants' attorney does not attest to any personal knowledge regarding the contracts. Murray v. City of New York, 74 A.D.3d 550, 550 (1st Dep't 2010); Babikian v. Nikki Midtown, LLC, 60 A.D.3d at 471. An attorney's affirmation may serve as a vehicle for presenting only e......
  • Regen Capital I, LLC v. Alixpartners, LLP, Index No. 652794/2012
    • United States
    • United States State Supreme Court (New York)
    • September 2, 2014
    ...the opposing papers (Johnson v. CAC Business Ventures, Inc., 52 A.D.3d 327, 859 N.Y.S.2d 646 [1st Dept 2008]; Murray v. City of New York, 74 A.D.3d 550, 903 N.Y.S.2d 34 [1st Dept 2010]). "On a motion to dismiss a cause of action pursuant to CPLR 3211(a)(5) on the ground that it is barr......
  • Request a trial to view additional results
20 cases
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • August 19, 2014
    ...pleading of lack of standing might have dissuaded plaintiff from purchasing the note and mortgage. E.g., Murray v. City of New York, 74 A.D.3d 550, 903 N.Y.S.2d 34 (1st Dep't 2010) ; Coleman v. Maclas, 61 A.D.3d 569, 877 N.Y.S.2d 297 (1st Dep't 2009) ; 2084–2086 BPE Assoc. v. State of N.Y. ......
  • Tuchman v. Deam Props. (Us), LLC, Index No. 101056/2010
    • United States
    • United States State Supreme Court (New York)
    • April 25, 2014
    ...personal knowledge. IRB-Brasil Resseguros S.A. v. Portobello Intl. Ltd., 84 A.D.3d 637, 638 (1st Dep't 2011); Murray v. City of New York, 74 A.D. 3d 550 (1st Dep'tPage 132010); Rivera v. GT Acquisition 1 Corp., 72 A.D.3d 525, 526 (1st Dep't 2010); Babikian v. Nikki Midtown, LLC, 60 A.D.3d 4......
  • Moore v. URS Corp., Index No. 160630/2014
    • United States
    • United States State Supreme Court (New York)
    • March 28, 2019
    ...Here, third party defendants' attorney does not attest to any personal knowledge regarding the contracts. Murray v. City of New York, 74 A.D.3d 550, 550 (1st Dep't 2010); Babikian v. Nikki Midtown, LLC, 60 A.D.3d at 471. An attorney's affirmation may serve as a vehicle for presenting only e......
  • Regen Capital I, LLC v. Alixpartners, LLP, Index No. 652794/2012
    • United States
    • United States State Supreme Court (New York)
    • September 2, 2014
    ...the opposing papers (Johnson v. CAC Business Ventures, Inc., 52 A.D.3d 327, 859 N.Y.S.2d 646 [1st Dept 2008]; Murray v. City of New York, 74 A.D.3d 550, 903 N.Y.S.2d 34 [1st Dept 2010]). "On a motion to dismiss a cause of action pursuant to CPLR 3211(a)(5) on the ground that it is barr......
  • Request a trial to view additional results

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