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Byrd v. Middleton-Bond

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1998
253 A.D.2d 510 (N.Y. App. Div. 1998)

Opinion

August 24, 1998

Appeal from the Supreme Court, Queens County (Dye, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff failed to rebut the defendant's prima facie showing that she did not instigate the plaintiff's arrest, but merely supplied information to the police officers who determined that arrest was appropriate. Accordingly, summary judgment dismissing the complaint was properly granted ( see, Vernes v. Phillips, 266 N.Y. 298; Cobb v. Willis, 208 A.D.2d 1155; Carrington v. City of New York, 201 A.D.2d 525; Eisenkraft v. Armstrong, 172 A.D.2d 484; Davern v. Drew, 153 App. Div. 844, affd sub nom. Davern v. Breen, 214 N.Y. 681).

The plaintiff's remaining contentions are without merit.

Mangano, P.J., Copertino, Joy and Florio, JJ., concur.


Summaries of

Byrd v. Middleton-Bond

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1998
253 A.D.2d 510 (N.Y. App. Div. 1998)
Case details for

Byrd v. Middleton-Bond

Case Details

Full title:MARLENE BYRD, Appellant, v. MICHELLE A. MIDDLETON-BOND, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 24, 1998

Citations

253 A.D.2d 510 (N.Y. App. Div. 1998)
676 N.Y.S.2d 872

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