Paulos v. City of New York
122 A.D.3d 815
| N.Y. App. Div. | 2014Background
- Plaintiff was arrested in the early morning hours of October 23, 2010 for robbery following a victim identifying him as a robber after a confrontation and injury.
- The arrest relied on the victim’s identification and the plaintiff’s denial of involvement, with the victim’s account corroborated by a visible injury.
- Plaintiff testified at a General Municipal Law § 50-h hearing regarding the incident, including his appearance and alibi walking home from a restaurant job.
- Plaintiff was detained overnight, arraigned, bail was posted, and the charges were dismissed approximately six months later.
- Defendants moved for summary judgment, arguing probable cause; the trial court denied some branches and granted others, and the plaintiff cross-moved to substitute a defendant officer.
- The Appellate Division reversed in part, granting summary judgment for defendants on malicious prosecution and Fourth Amendment false-arrest claims, and denied amendment as academic.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause defeats false-arrest and malicious-prosecution claims | Paulos argues lack of triable facts to show probable cause based on officer reliance on inconsistent identification and alibi | City and officers contend victim's identification and injury establish probable cause | Probable cause established; dismissal affirmed (subject to other matters) - as a matter of law probable cause defeats the claims |
| Whether the plaintiff raised triable issues with new affidavit testimony | Affidavit introduces new facts contradicting 50-h testimony to defeat summary judgment | New allegations are feigned and inconsistent with undisputed facts; cannot defeat summary judgment | New allegations denied as lacking and insufficient to create triable issues |
| Whether discovery was required to oppose summary judgment | Relevant evidence may have been exclusively within defendants’ knowledge | Discovery not necessary; essential facts already undisputed and support probable cause | No necessity for further discovery; evidence supported probable cause |
| Whether amendment to substitute Cotson for John Doe #1 should be granted | Substitution should be allowed to proceed against the proper officer | Amendment is unnecessary or academic given dismissal of main claims | Amendment denied as academic |
Key Cases Cited
- Gisondi v. Harrison, 72 NY2d 280 (NY 1988) (probable cause as complete defense to false-arrest/malicious-prosecution claims)
- Holland v. City of Poughkeepsie, 90 AD3d 841 (2d Dep't 2011) (probable cause governs false-arrest/malsepro claims)
- Reape v. City of New York, 66 AD3d 755 (2d Dep't 2009) (probable cause analysis in false arrest context)
- Betts v. Shearman, 751 F.3d 78 (2d Cir. 2014) (federal §1983 analogous to state-law claims; probable cause considerations)
- Jenkins v. City of New York, 478 F.3d 76 (2d Cir. 2007) (false arrest/malicious prosecution framework in §1983 actions)
- Jocks v. Tavernier, 316 F.3d 128 (2d Cir. 2003) (malicious prosecution and probable cause standards in §1983 context)
- Janetka v. Dabe, 892 F.2d 187 (7th Cir. 1990) (malicious prosecution standard in federal context)
- People v. Read, 74 AD3d 1245 (2d Dep't 2010) (identification credibility and probable cause considerations)
- Iorio v. City of New York, 19 AD3d 452 (2d Dep't 2005) (probable cause in arrest context)
- People v. Sanders, 239 AD2d 528 (2d Dep't 1997) (evaluation of probable cause for arrest)
- Kramer v. City of New York, 173 AD2d 155 (1st Dep't 1991) (foundational analysis of probable cause and arrest)
- People v. Reid, 104 AD3d 58 (2d Dep't 2013) (objective-view of facts supporting probable cause)
- People v. Cooper, 38 AD3d 678 (2d Dep't 2007) (dual considerations of identification and corroboration)
- Capasso v. Capasso, 84 AD3d 997 (2d Dep't 2011) (feigned issues of fact; credibility assessment)
- Rodriguez v. Trakansook, 67 AD3d 768 (2d Dep't 2009) (triable issue standard on summary judgment)
- Jaffe v. New York City Tr. Auth., 52 AD3d 784 (2d Dep't 2008) (summary judgment and factual disputes)
- Karwowski v. New York City Tr. Auth., 44 AD3d 826 (2d Dep't 2007) (evidence and fact dispute considerations on MSJ)