72 A.D.2d 952 | N.Y. App. Div. | 1979
Lead Opinion
Judgment affirmed, with costs. Memorandum: At about 4:30 a.m. on September 11, 1972 two police officers employed by the City of Buffalo were called to investigate a suspicious man at the door of a residence. The man, plaintiff in this action, appeared intoxicated and was detained at the scene while the officers radioed their dispatcher for a warrant check. They advised the dispatcher of plaintiff’s full name, the month and year of his birth (April, 1943) and his current address. The dispatcher responded that there was a warrant for a Williams, address 204 Genesee Street, date of birth July 9, 1943 and that he was wanted for charges involving a jail riot at the Erie County Penitentiary. Since the address differed from that which plaintiff had given the officers, they asked him whether he had ever lived at 204 Genesee Street. He responded that he had. The officers then arrested him and took him to precinct headquarters where he was booked and incarcerated. He was arraigned on September 12, 1972 and held until November 1,
Dissenting Opinion
I dissent and would grant a new trial unless plaintiff stipulates to a reduction of the damage award to $2,500. Since plaintiff’s income at the time of arrest was $80 to $150 per week in commissions, the jury award represents approximately one and one-half years’ compensation at his highest pay rate. This is excessive in view of the fact that only one and one-half days of plaintiff’s incarceration are attributable to the false imprisonment claim. (Appeal from judgment of Erie Supreme Court—false arrest.) Present—Simons, J. P., Hancock, Jr., Callahan, Doerr and Moule, JJ.