Hendrickson-Brown v. City of White Plains
Opinion of the Court
Moreover, so much of the amended complaint as alleged malicious prosecution against the City was properly dismissed for failure to state a cause of action because the plaintiff did not allege any facts sufficient to rise to the level of actual malice, i.e., “some deliberate act punctuated with awareness of ‘conscious falsity’ ” (Santoro v Town of Smithtown, 40 AD3d 736, 738 [2007] [internal quotation marks omitted]), and there was probable cause to arrest the plaintiff (see Wasilewicz v Village of Monroe Police Dept., 3 AD3d 561, 562 [2004]; Kracht v Town of Newburgh, 245 AD2d 424, 425 [1997]; Minott v City of New York, 203 AD2d 265, 267 [1994]).
The Supreme Court also properly granted the motion of the defendant Comp USA for summary judgment dismissing the amended complaint insofar as asserted against it. The amended complaint asserted causes of action alleging malicious prosecution and false arrest against Comp USA. The evidence demonstrated merely that an employee of Comp USA sought police assistance, provided information to the police, and signed a criminal complaint against the plaintiff, alleging a larceny. “[A] civilian defendant who merely furnishes information to law enforcement authorities who are then free to exercise their own
Case-law data current through December 31, 2025. Source: CourtListener bulk data.