| Campbell v County of Westchester |
| 2011 NY Slip Op 00343 [80 AD3d 641] |
| January 18, 2011 |
| Appellate Division, Second Department |
| Fitzroy Campbell, Appellant, v County of Westchester etal., Respondents. |
—[*1] Robert F. Meehan, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and MartinG. Gleeson of counsel), for respondents County of Westchester, Westchester County PoliceDepartment, Westchester County Department of Public Safety Services, and Police Officer"John" Tierney. Loretta J. Hottinger, Corporation Counsel, Mount Vernon, N.Y. (Hina Sherwani of counsel),for respondent City of Mount Vernon.
In an action, inter alia, to recover damages for false arrest and false imprisonment, theplaintiff appeals from (1) an order of the Supreme Court, Westchester County (Smith, J.), enteredOctober 26, 2009, which granted the motion of the defendants County of Westchester,Westchester County Police Department, Westchester County Department of Public SafetyServices, and Police Officer "John" Tierney, inter alia, pursuant to CPLR 3211 (a) (1) to dismissthe complaint insofar as asserted against them, and (2) an order of the same court datedDecember 16, 2009, which granted the motion of the defendant City of Mount Vernon forsummary judgment dismissing the complaint insofar as asserted against it.
Ordered that orders are affirmed, with one bill of costs to the defendants appearing separatelyand filing separate briefs.
The plaintiff commenced this action against the County of Westchester and the City ofMount Vernon, among others, to recover damages for false arrest and false imprisonment, arisingout of an arrest effectuated by an officer of the Westchester County Police Department.
The Supreme Court properly granted the motion of the defendants County of Westchester,Westchester County Police Department, Westchester County Department of Public SafetyServices, and Police Officer "John" Tierney, inter alia, pursuant to CPLR 3211 (a) (1) to dismissthe complaint insofar as asserted against them. The documentary evidence submitted by thesemoving defendants conclusively established that the plaintiff was arrested pursuant to a faciallyvalid arrest warrant issued by a court having jurisdiction, thus defeating the causes of action torecover damages for false arrest and false imprisonment (see Broughton v State of NewYork, 37 NY2d 451, 457 [1975], cert denied sub nom. Schanbarger v Kellogg, 423US 929 [1975]; Johnson v Kings County [*2]Dist. Attorney'sOff., 308 AD2d 278, 286 [2003]; Russo v Village of Port Chester, 198 AD2d 408[1993]; Saunsen v State of New York, 81 AD2d 252, 253 [1981]).
The Supreme Court also properly granted the motion of the City of Mount Vernon forsummary judgment dismissing the complaint insofar as asserted against it. In opposition to theCity's prima facie showing of entitlement to judgment as a matter of law, the plaintiff failed toraise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).
The plaintiff's remaining contentions are either without merit or not properly before thisCourt. Balkin, J.P., Eng, Belen and Lott, JJ., concur.