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FORTUNATO v. CITY OF NEW YORK

63 A.D.3d 880 (2009)

882 N.Y.S.2d 195

ANNAMARIE FORTUNATO, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided June 16, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

Probable cause to believe that a person committed a crime is a complete defense to claims of false arrest and malicious prosecution (see Gisondi v Town of Harrison, 72 N.Y.2d 280, 283 [1988]; Iorio v City of New York, 19 A.D.3d 452, 453 [2005]). Although a witness's identification of a suspect generally may...

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