Martone v. Blue Ridge Farms, Inc.
Cases that cite this one
1 later published case cites this decision.
- Tzambazis v. City of New York (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for false arrest, malicious prosecution, and slander per se, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated December 21, 1998, as granted those branches of the defendants’ motion which were for summary judgment dismissing the causes of action to recover damages for false arrest and malicious prosecution.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendants established that the defendant Blue Ridge
The defendants also established their entitlement to judgment as a matter of law with respect to the cause of action to recover damages for malicious prosecution. Contrary to the plaintiff’s contention, a statement given to the police by his coworker provided probable cause to arrest him (see, People v McRay, 51 NY2d 594). In addition, the plaintiff failed to submit any evidence sufficient to raise a triable issue of fact (see, Mac-Fawn v Kresler, 88 NY2d 859). Thus, the defendants were entitled to summary judgment dismissing the cause of action to recover damages for malicious prosecution (see generally, Zuckerman v City of New York, 49 NY2d 557). Sullivan, J. P., Florio, Luciano and Feuerstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.