From Casetext: Smarter Legal Research

Chase v. Town of Camillus

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1998
247 A.D.2d 851 (N.Y. App. Div. 1998)

Opinion

February 4, 1998

Present — Pine, J.P., Lawton, Hayes, Wisner and Boehm, JJ.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in dismissing the first cause of action for false arrest and imprisonment. It is well established that, where, as here, a motion to dismiss for failure to state a cause of action is addressed to the entire complaint, the motion must be denied in its entirety if even one cause of action is legally sufficient ( see, Advance Music Corp. v. American Tobacco Co., 296 N.Y. 79, 84; Great N. Assocs. v. Continental Cas. Co., 192 A.D.2d 976, 978; Duffy v. Cross Country Indus., 57 A.D.2d 1063).

Further, the court erred with respect to the merits in dismissing the first cause of action. Where a warrant of arrest is issued by a court of competent jurisdiction, there is "a presumption that the arrest was issued on probable cause" ( Broughton v. State of New York, 37 N.Y.2d 451, 458, cert denied sub nom. Schanbarger v. Kellogg, 423 U.S. 929). An arresting officer will not be insulated from liability, however, "if the arrest warrant was procured based upon the officer's `own false or unsubstantiated evidence'" ( Melito v. City of Utica, 210 A.D.2d 888, 889, quoting Boose v. City of Rochester, 71 A.D.2d 59, 67; see, Ross v. Village of Wappingers Falls, 62 A.D.2d 892, 896). The first cause of action sufficiently alleges that the police knew that there was no probable cause to arrest plaintiff for harassment in the first degree (Penal Law § 240.25) and that they procured the arrest warrant as a result of the influence of defendant Kathryn M. Krisak, a member of the Town Board of the Town of Camillus.

We therefore modify the order by denying in its entirety defendants' motion and reinstating the first cause of action. (Appeals from Order of Supreme Court, Onondaga County, Nicholson, J. — Dismiss Pleadings.)


Summaries of

Chase v. Town of Camillus

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1998
247 A.D.2d 851 (N.Y. App. Div. 1998)
Case details for

Chase v. Town of Camillus

Case Details

Full title:JOHN V. CHASE, Appellant-Respondent, v. TOWN OF CAMILLUS et al.…

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

Date published: Feb 4, 1998

Citations

247 A.D.2d 851 (N.Y. App. Div. 1998)
668 N.Y.S.2d 830

Citing Cases

Ali v. City of N.Y.C.

Where, as here, a court issues a search warrant, there is a presumption of probable cause for the detention…

Paulemond v. City of New York

In the instant case, plaintiffs failed to establish that their confinement was not privileged by rebutting…