Opinion
November 22, 1993
Appeal from the Supreme Court, Westchester County (Ingrassia, J.).
Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion which were for summary judgment dismissing the first, second, and fourth causes of action insofar as they were asserted against the appellants, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly concluded that there are triable issues of fact with respect to the plaintiff's cause of action to recover damages for malicious prosecution (see, Broughton v State of New York, 37 N.Y.2d 451, cert denied 423 U.S. 929; Boose v City of Rochester, 71 A.D.2d 59). However, the plaintiff's arrest was made pursuant to a valid process issued by a court having jurisdiction of the criminal charges. Accordingly, the motion should have been granted as to the cause of action to recover damages for false arrest and false imprisonment (see, Broughton v State of New York, supra; Gisondi v Town of Harrison, 120 A.D.2d 48, 51, affd 72 N.Y.2d 280). Additionally, the causes of action premised upon the theories of negligence and intentional infliction of emotional distress should have been dismissed (see, Boose v City of Rochester, supra). We modify the order appealed from accordingly. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.