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GRANT v. BARNES & NOBLE, INC.

284 A.D.2d 238 (2001)

726 N.Y.S.2d 543

CORY GRANT et al., Respondents-Appellants, v. BARNES & NOBLE, INC., et al., Appellants-Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 21, 2001.

The motion court properly dismissed plaintiffs' claims for false arrest and malicious prosecution. Two eyewitnesses to the robbery identified plaintiffs as the perpetrators. Thus, probable cause existed for the arrest and prosecution of plaintiffs (see, People v Morro, 165 A.D.2d 719, lv denied 77 N.Y.2d 964). Given the existence of probable cause for the arrests and prosecution, the claims for false arrest and malicious prosecution...

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