| Paredes v City of New York |
| 2010 NY Slip Op 03848 [73 AD3d 465] |
| May 6, 2010 |
| Appellate Division, First Department |
| Wilson Paredes, Appellant, v City of New York et al.,Respondents, et al., Defendant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Victoria Scalzo of counsel), forrespondents.
Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered December 18,2008, which, insofar as appealed from as limited by the briefs, granted defendants-respondents'cross motion for summary judgment dismissing the malicious prosecution cause of action,unanimously affirmed, without costs.
Respondents established their prima facie entitlement to summary judgment dismissing themalicious prosecution cause of action by submitting evidence establishing that there wasprobable cause to arrest and prosecute plaintiff, as the undercover officer identified plaintiff asthe person who sold him cocaine during a buy-and-bust operation (see Batista v City of New York, 15AD3d 304 [2005]; Grant v Barnes & Noble, 284 AD2d 238 [2001]). In opposition,plaintiff failed to raise a triable issue of fact. The alleged inconsistencies in the accountsprovided by the arresting officer and the undercover officer do not undermine a finding ofprobable cause. Furthermore, the cause of action is not viable as the complaint fails to allegeactual malice (see Shapiro v County of Nassau, 202 AD2d 358 [1994], lv denied83 NY2d 760 [1994]). Concur—Mazzarelli, J.P., Sweeny, Freedman, Richter andManzanet-Daniels, JJ. [Prior Case History: 2008 NY Slip Op 33399(U).]