Savane v. Dist. Attorney of N.Y. Cnty., 3513, 153348/15.

• Decision Date: 23 March 2017
• Docket Number: 3513, 153348/15.
• Citation: 148 A.D.3d 591,50 N.Y.S.3d 71
• Parties: Ousman SAVANE, Plaintiff–Respondent, v. DISTRICT ATTORNEY OF NEW YORK COUNTY, etc., et al., Defendants–Appellants, The City of New York, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

148 A.D.3d 591
50 N.Y.S.3d 71

Ousman SAVANE, Plaintiff–Respondent,
v.
DISTRICT ATTORNEY OF NEW YORK COUNTY, etc., et al., Defendants–Appellants,

The City of New York, et al., Defendants.

3513, 153348/15.

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

March 23, 2017.

50 N.Y.S.3d 72

Cyrus R. Vance, Jr., District Attorney, New York (Christina Ante of counsel), for appellants.

Rubert & Gross, P.C., New York (Soledad Rubert of counsel), for respondent.

SWEENY, J.P., RICHTER, MOSKOWITZ, FEINMAN, GISCHE, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered November 17, 2015, which, insofar as appealed from as limited by the briefs, denied the motion of the District Attorney defendants to dismiss the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff's causes of action against defendant assistant district attorney, including for false arrest, malicious prosecution, malicious abuse of process, denial of due process, conspiracy and unreasonably prolonged detention, whether brought under state law and/or under

50 N.Y.S.3d 73

42 U.S.C. § 1983, should have been dismissed absent allegations that would overcome the assistant district attorney's entitlement to absolute immunity in performing what was her official duties as a prosecutor (see Arzeno v. Mack, 39 A.D.3d 341, 342, 833 N.Y.S.2d 480 [1st Dept.2007] ; Shmueli v. City of New York, 424 F.3d 231 [2d Cir.2005] ).

Additionally, the felony complaint submitted by plaintiff in opposition to the motion, together with the pleadings and acknowledgment of an indictment, established that there was probable cause to arrest plaintiff (see Brown v. City of New York, 289 A.D.2d 95, 735 N.Y.S.2d 21 [1st Dept.2001] ), and there was no allegation to indicate the assistant district attorney's involvement with the case until some time after plaintiff was formally...