Stile v. City of New York
| Decision Date | 22 April 1991 |
| Citation | 172 A.D.2d 743,569 N.Y.S.2d 129 |
| Parties | Steven STILE, Respondent, v. The CITY OF NEW YORK, et al., Appellants, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Victor A. Kovner, Corp. Counsel, New York City (Kristin M. Helmers and Fred Kolikoff, of counsel), for appellants.
Ronald James D'Angelo, Brooklyn, for respondent.
Before THOMPSON, J.P., and BROWN, HARWOOD and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for false arrest and malicious prosecution, the defendants City of New York and Detective Paul Barone appeal from a judgment of the Supreme Court, Kings County (Spodek, J.), dated June 1, 1989, which, upon a jury verdict and the plaintiff's stipulation to reduce the verdict as to damages for false arrest to $475,000 and to reduce the verdict as to damages for malicious prosecution to $475,000, is in favor of the plaintiff and against them in the principal sum of $950,000.
ORDERED that the judgment is modified, on the law and the facts and as a matter of discretion, (1) by deleting the provision thereof which is in favor of the plaintiff on his cause of action to recover damages for malicious prosecution and substituting therefor a provision dismissing that cause of action, and (2) by deleting the provision thereof in favor of the plaintiff and against the appellants in the principal sum of $475,000 for damages for false imprisonment and substituting therefor a provision granting the appellants a new trial on the plaintiff's cause of action to recover damages for false imprisonment on the issue of damages only unless the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict against the appellants as to damages for false imprisonment to $150,000 and to the entry of an amended judgment accordingly; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements; and it is further,
ORDERED that the plaintiff's time to serve and file a stipulation is extended until 20 days after service upon him of a copy of this decision and order, with notice of entry.
The plaintiff was arrested by the defendant Paul Barone, a New York City Police detective, without a warrant, after the defendants Vincent and Cathy Vola falsely reported to the detective, apparently a friend of theirs, that the plaintiff had stolen a ring while visiting their home. The ...
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