JUAN RIVERA, plf-res, v. THE CITY OF NEW YORK def-ap

3352. JUAN RIVERA, plf-res, v. THE CITY OF NEW YORK def-ap — Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for ap — Sivin & Miller, LLP, New York (Edward Sivin of counsel), for res — Order, Supreme Court, Bronx County (Ruben Franco, J.), entered February 3, 2016, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the malicious prosecution claims, unanimously affirmed, without costs.

Plaintiff alleges that, while in the City to attend his sister’s funeral, he was wrongfully arrested as part of a buy-and-bust operation and charged with criminal sale of a controlled substance, as well as resisting arrest and obstruction of governmental administration. Plaintiff was indicted on the drug charge, but all the charges were eventually dismissed by the District Attorney. Defendants established prima facie that there was probable cause to arrest and prosecute plaintiff through the undercover officer’s identification of plaintiff as the person who sold him crack cocaine during the buy-and-bust operation (see Colon v. City of New York, 60 NY2d 78 [1983]).