Tsachalis v. City of Mount Vernon
Opinion of the Court
—In an action, inter alia, to recover damages for false arrest, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), dated June 20, 2000, which, upon a jury verdict in favor of the defendants and against him, dismissed the complaint.
Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered, with costs to abide the event.
The plaintiff contends that the trial court erroneously charged the jury that, to prevail on his claims for false arrest and false imprisonment, he had the burden of proving that there was no probable cause for his arrest. We agree. Where, as here, an arrest is made without a warrant, “a presumption arises that it was unlawful, and the burden of proving that the arrest was otherwise privileged is cast upon the defendant” (Williams v Moore, 197 AD2d 511, 513; see also Dabbs v State of New York, 59 NY2d 213; Broughton v State of New York, 37 NY2d 451, cert denied sub nom. Schanbarger v Kellogg, 423 US 929). Accordingly, the jury should have been instructed
Since a new trial is required because of these errors in instructing the jury on the law, we do not reach the plaintiffs remaining contentions. Krausman, J.P., McGinity, H. Miller and Adams, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.