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DELGROSSO v. McCANN

Index No. 156555/14. Appeal No. 15567. Case No. 2021-03357.

203 A.D.3d 596 (2022)

162 N.Y.S.3d 738

2022 NY Slip Op 02057

Joseph DelGrosso, Appellant, v. Susan McCann et al., Defendants, and City of New York et al., Respondents.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Tumelty & Spier, LLP, New York (John P. Tumelty of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Jeremy Pepper of counsel), for respondents.

Concur—Gische, J.P., Mazzarelli, Friedman, González, Mendez, JJ.

Probable cause is a complete defense to an unlawful arrest and imprisonment claim (Gann v City of New York, 197 A.D.3d 1035, 1036 [1st Dept 2021], Roberts v City of New York, 171 A.D.3d 139 [1st Dept 2019], affd 34 N.Y.3d 991 [2019]). Similarly, because the absence of probable cause is an element of a claim for malicious prosecution, the existence of probable cause mandates the dismissal of any such claim (Roberts v City of New York, 171 AD3d at...

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