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ROBERTS v. CITY OF NEW YORK

7336.

171 A.D.3d 139 (2019)

97 N.Y.S.3d 3

2019 NY Slip Op 02177

WAYNE ROBERTS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 21, 2019.

Attorney(s) appearing for the Case

McManus Ateshoglou Aiello & Apostolakos, PLLC, New York City (Steven Ateshoglou of counsel), and The Law Office of John R. Kelly, Monticello (John R. Kelly of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York City (MacKenzie Fillow and Jane L. Gordon of counsel), for respondents.

OING and SINGH, JJ., concur with TOM, J.; GESMER, J., dissents in an opinion in which SWEENY, J.P., concurs.

OPINION OF THE COURT

This action to recover damages for false arrest and imprisonment and for malicious prosecution arose from plaintiff Wayne Roberts's arrest and prosecution for the murder of Jamie Richetti, who was shot and killed at a social gathering on November 3, 2002. Plaintiff had been indicted by a grand jury on August...

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