ALBERTO BURGOS-LUGO, plfap, v. THE CITY OF NEW YORK def-res

2122. ALBERTO BURGOS-LUGO, plfap, v. THE CITY OF NEW YORK def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for res — Order, Supreme Court, New York County (Frank P. Nervo, J.), entered on or about July 7, 2015, which, to the extent appealed from, granted defendants' motion for summary judgment to the extent of dismissing plaintiff's state and federal claims for malicious prosecution and his federal claims for assault, battery, and excessive force; denied defendants' motion for summary judgment on plaintiff's federal false arrest, false imprisonment, and illegal search and seizure claims; and denied plaintiff's cross motion for summary judgment on his federal claims for assault, battery, false arrest, false imprisonment, and illegal search and seizure, unanimously modified, on the law, to deny defendants' motion as to plaintiff's federal assault and battery claims, and otherwise affirmed, without costs.

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2122. ALBERTO BURGOS-LUGO, plfap, v. THE CITY OF NEW YORK def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for res — Order, Supreme Court, New York County (Frank P. Nervo, J.), entered on or about July 7, 2015, which, to the extent appealed from, granted defendants’ motion for summary judgment to the extent of dismissing plaintiff’s state and federal claims for malicious prosecution and his federal claims for assault, battery, and excessive force; denied defendants’ motion for summary judgment on plaintiff’s federal false arrest, false imprisonment, and illegal search and seizure claims; and denied plaintiff’s cross motion for summary judgment on his federal claims for assault, battery, false arrest, false imprisonment, and illegal search and seizure, unanimously modified, on the law, to deny defendants’ motion as to plaintiff’s federal assault and battery claims, and otherwise affirmed, without costs.

In this appeal, we address cross motions for summary judgment in a civil rights action arising out of plaintiff’s arrest and the resulting narcotics possession prosecution, which was ultimately dismissed. The motion court denied plaintiff’s cross motion for summary judgment in its entirety, denied defendants’ summary judgment motion on plaintiff’s claims for false arrest, false imprisonment, and illegal search and seizure, and granted defendants’ summary judgment motion on all of plaintiff’s other state and federal claims¹. We affirm all of the motion court’s order,² except to the extent of reinstating plaintiff’s federal claims for assault and battery.

ALBERTO BURGOS-LUGO, plfap, v. THE CITY OF NEW YORK def-res

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