Appellate Division of the Supreme Court of New York, 1989

Espinoza v. City of New York

Espinoza v. City of New York
Appellate Division of the Supreme Court of New York · Decided October 16, 1989
154 A.D.2d 505
Espinoza v. City of New York

Opinion of the Court

— In an action to recover damages, inter alia, for false arrest, the plaintiff appeals from an order of the Supreme Court, Kings County (Garry, J.), dated December 7, 1988, which denied his motion for summary judgment.

Ordered that the order is affirmed, with costs.

We find, as did the Supreme Court, that the existence of triable issues of fact precludes an award of summary judgment in the plaintiff’s favor. Mangano, J. P., Lawrence, Kunzeman and Eiber, JJ., concur.

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