X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

3154. DONNA WALKER plf-ap, v. THE CITY OF NEW YORK def-res — Watters & Svetkey, LLP, New York (Jonathan Svetkey of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Daniel Matza-Brown of counsel), for res — Order, Supreme Court, New York County (James E. d’Auguste, J.), entered March 18, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants made a prima facie showing of their entitlement to judgment dismissing the false arrest and false imprisonment claims. Defendants submitted competent proof that plaintiffs were in constructive possession of the drugs and weapon recovered from the balcony in the apartment in which plaintiffs Donna Walker and Kendra Esannason were registered as tenants, and that the police had probable cause to arrest all three plaintiffs (see Boyd v. City of New York, 143 AD3d 609, 609-610 [1st Dept 2016]; see generally People v. Manini, 79 NY2d 561, 573 [1992]). Plaintiffs’ general denials of knowledge of the contraband at the apartment failed to raise a triable issue of fact. In addition, the evidence showed that plaintiff Jasminlee Mejia was more than just merely present at the apartment when the police arrived, as she was in a relationship with Ms. Esannason, frequently slept in the apartment, kept her clothes there, and was in a state of undress or semidress when the police arrived (see People v. Edwards, 206 AD2d 597, 597-598 [3d Dept 1994], lv denied 84 NY2d 907 [1994]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Our client, a well-regarded privately owned company with North American Headquarters in Atlanta, has asked The Partners Group to identify an...


Apply Now ›

Position requires Personal Injury Experience.


Apply Now ›

Our client, one of the country s preeminent labor and employment law firms, is seeking an Employment Counsel with 7+ years of experience. Th...


Apply Now ›