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REESE v. CITY OF NEW YORK

Index No. 32170/18E. Appeal No. 15436. Case Nos. 2021-01990, 2021-03202.

203 A.D.3d 448 (2022)

160 N.Y.S.3d 595

2022 NY Slip Op 01406

Otis Reese, Appellant-Respondent, v. City of New York et al., Respondents-Appellants.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Sim & Depaola, LLP, Bayside (Sang J. Sim of counsel), for appellant-respondent.

Georgia Pestana, Corporation Counsel, New York (Elina Druker of counsel), for respondents-appellants.

Concur—Renwick, J.P., Gesmer, Moulton, Rodriguez, JJ.

In this case, neither party was entitled to summary judgment because triable issues of fact exist as to whether the police officers had probable cause to arrest plaintiff for an open container violation (see De Lourdes Torres v Jones, 26 N.Y.3d 742, 759-760 [2016]; Mendez v City of New York, 137 A.D.3d 468, 471 [1st Dept 2016]). The accounts of the incident given by plaintiff and the officers...

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