He also sued Lynn for malicious prosecution. Email * Phone * How Did You Find Us? Here, as discussed above, the City establishes that there was ample probable cause to arrest plaintiff for the marijuana found within 2603. ]; Nasca v Sgro, 101 AD3d 963, 963-965 [2d Dept 2012] [same]). "]; Scarfone v Village of Ossining, 23 AD3d 540, 541 [2d Dept 2005] ["The plaintiff's speculative and conclusory allegations that Civil Service Employees Association (hereinafter CSEA) and Michael J. Duffy acted in concert with the Village and its agents to deprive the plaintiff of her constitutional rights, and that they conspired with the Village to deprive her of her constitutional rights, without factual allegations or other support, were insufficient to state causes of action pursuant to 42 USC § 1983. The court's role when analyzing the complaint in the context of a motion to dismiss, is to determine whether the facts as alleged fit within any cognizable legal theory (Sokoloff v Harriman Estates Development Corp., 96 NY2d 409, 414 [2001]). This can involve the use of force, unlawful restraint, bodily injury, traveling a substantial distance, and crossing state borders. On February 16, 2012, at approximately 3PM, plaintiff was at work within 2603 - a salon which she owned. The police announced themselves and indicated that they had a warrant. Actual malice can be inferred by the absence of probable cause to effectuate an arrest or by conduct that is reckless or grossly negligent (Fortunato v City of New York, 63 AD3d 880, 881 [2d Dept 2009]). In fact, the law mandates that the court's inquiry be not limited solely to deciding whether plaintiff has pled the cause of action intended, but instead, the court must determine whether the plaintiff has pled any cognizable cause of action (Leon v Martinez, 84 NY2d 83, 88 [1994] ["(T)he criterion is whether the proponent of the pleading has a cause of action, not whether he has stated one."]). Torts-False Imprisonment-Probable Cause-Punitive Damages-[Illinois].-The plaintiff in payment of some purchases tendered a clerk in the defendant's store a counterfeit $5.00 bill. In Carlton, for example, the court held that the issue of probable cause could not be decided as a matter of law insofar as the allegations made against the plaintiff - that he left a restaurant without paying his bill - were disputed by the plaintiff such that further inquiry was required before his arrest (id. Evidence of the frequency of defendant's presence in the apartment at various times of day and his appearances in a bathrobe, together with the evidence that he ate meals there and that a man's clothing was found in the bedroom, demonstrates that defendant was more than a mere occasional visitor to the apartment where his wife resided. "]; People v Diaz, 220 AD2d 260 [1st Dept 1995] ["Where, as here, the evidence demonstrates that defendant owned, rented or had control over or a possessory interest in, the apartment where drugs were found, the evidence is legally sufficient to establish his constructive possession of such drugs. Months after the incident, Mrs A sued the hospital for false imprisonment. At issue in this case was how the harm likely to result from a malicious prosecution should be evaluated in calculating exemplary damages. Workshop, 187 AD2d 292, 294 [1st Dept 1992]). The City submits several documents. We conclude, therefore, that there was legally sufficient evidence of defendant's constructive possession of the contraband found in the apartment. The City's motion to dismiss plaintiff's claim pursuant to 42 USC § 1981 is granted insofar as no such cause of action lies, where as here, plaintiff's 42 USC § 1983 has been dismissed. SASCHA WILSON. On this record, with respect to the foregoing causes of action, the City establishes that plaintiff was arrested for constructive possession of marijuana after the lawful execution of a warrant which yielded marijuana from an unlocked locker immediately next to the location where plaintiff worked and within a premises which she leased. A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. Conduct is extreme and outrageous when it is "outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community" (Howell at 122; Sheila C. at 130-131). City to pay over $55,000 to settle false imprisonment case. False imprisonment can happen in a lot of different ways, though it always involves the unlawful confinement of an individual against his or her will. According to the false arrest and malicious prosecution claims later filed by Sakharoff, he was the victim of misidentification (his facial hair and clothing did not match Lynn's initial description), as well as a malfunctioning police dog's nose (records showed the dog had inhaled smoke from a fire just two hours prior to the incident). As such, a prior judicial proceeding is the sine qua non, of such cause of action (id. Accordingly, probable cause to arrest and detain is extant when the police arrest and detain an individual within a premises pursuant to a valid search warrant (id. Conversely, a subsequent dismissal, acquittal or reversal on appeal is proof tending to establish the absence of probable cause at the time of the arrest (id.). ]; US v Ortiz, 943 FSupp2d 447, 458 [SDNY 2013] ["With respect to Montañez, the government argues that because she was the registered tenant of the apartment where the gun was found, the officers had probable cause to arrest her based on a theory of constructive possession. The City's motion seeking summary judgment with respect to plaintiff's claims of false arrest and false imprisonment is granted. On behalf of Sivin, Miller & Roche LLP | Thursday Jul 27, 2017 | False Arrest Or False Imprisonment. 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