Shea v. County of Erie
| Decision Date | 11 March 1994 |
| Citation | 609 N.Y.S.2d 473,202 A.D.2d 1028 |
| Parties | Timothy W. SHEA, Respondent, v. COUNTY OF ERIE and City of Buffalo, Appellants. |
| Court | New York Supreme Court — Appellate Division |
Kenneth A. Schoetz by David Rusin, Buffalo, for appellant County of Erie.
Laurence Rubin by Michael McKeating, Corp. Counsel (Michael B. Risman, of counsel), Buffalo, for appellant City of Buffalo.
Rodgers, Menard & Coppola by Douglas Coppola, Buffalo, for respondent.
Before DENMAN, P.J., and BALIO, LAWTON, FALLON and DAVIS, JJ.
Supreme Court erred in denying the motions of the County of Erie and City of Buffalo for summary judgment dismissing the complaint. Plaintiff commenced this action to recover damages for false arrest and unlawful imprisonment for injuries allegedly received as a result of his detention. Plaintiff alleged that defendants negligently failed to confirm and communicate to Buffalo City Court plaintiff's satisfactory completion of a County drinking and driving evaluation program that was a requirement of his conditional discharge on a Vehicle and Traffic offense. Buffalo City Court issued a bench warrant in December 1985 because plaintiff had initially failed to participate in the program. Although a letter was subsequently sent notifying City Court of plaintiff's successful completion of the program, the warrant was never recalled. Plaintiff does not contend that the warrant was invalid on its face and there is no basis, therefore, for an action for false arrest and imprisonment (Stalteri v. County of Monroe, 107 A.D.2d 1071, 486 N.Y.S.2d 555; Saunsen v. State of New York, 81 A.D.2d 252, 440 N.Y.S.2d 281). Although plaintiff's cause of action sounds in negligence, he "may not recover under broad general principles of negligence * * * but must proceed by way...
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...States, 690 F.Supp. 1149, 1155 (D.Conn. 1988) (construing New York law); Remley, 665 N.Y.S.2d at 1008; Shea v. County of Erie, 202 A.D.2d 1028, 609 N.Y.S.2d 473 (4th Dep't 1994), this is not a viable theory of In summary, and for the foregoing reasons, all of the plaintiffs' claims against ......
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...and malicious prosecution and cannot recover under the broader principles of negligence. See Shea v. County of Erie, 202 A.D.2d 1028, 1028, 609 N.Y.S.2d 473, 474 (4th Dep't 1994); Boose v. City of Rochester, 71 A.D.2d 59, 421 N.Y.S.2d 740, 744 (4th Dep't 1979); Remley v. State of New York, ......
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