TYRONE BLAKE res-ap, v. CITY OF NEW YORK APPELLANTS-res — (INDEX NO. 22581/11)In a consolidated action, inter alia, to recover damages for false arrest, malicious prosecution, and civil rights violations pursuant to 42 USC §1983, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), entered April 25, 2014, as denied those branches of their motion which were pursuant to CPLR 3211(a)(7) to dismiss the fourth cause of action of the plaintiff Dwayne Johnson and the plaintiffs’ ninth, tenth, and eleventh causes of action in their entirety, denied, as premature, those branches of their motion which were for summary judgment dismissing the plaintiffs’ second, third, fourth, ninth, tenth, and eleventh causes of action in their entirety, and granted that branch of the plaintiffs’ cross motion which was to compel them to comply with certain discovery demands, and the plaintiffs cross-appeal from so much of the same order as granted those branches of the defendants’ motion which were pursuant to CPLR 3211(a) (7) to dismiss the second and third causes of action of the plaintiff Tyrone Blake insofar as asserted against the defendants Sgt. James Hanrahan, Sgt. Sean O’Hara, and Lt. Mic Miltenberg, and the fourth cause of action of the plaintiff Tyrone Blake.
ORDERED that the order is modified, on the law, (1) by deleting the provision thereof denying those branches of the defendants’ motion which were for summary judgment dismissing the plaintiffs’ fourth causes of action and the plaintiffs’ ninth and tenth causes of action insofar as asserted against the defendants Richard A. Brown and Brian F. Allen on the ground of absolute immunity, and substituting therefor a provision granting those branches of the motion, (2) by deleting the provision thereof granting that branch of the defendants’ motion which was pursuant to CPLR 3211(a)(7) to dismiss the fourth cause of action of the plaintiff Tyrone Blake, and substituting therefor a provision denying that branch of the motion as academic, and (3) by deleting the provision thereof granting those branches of the defendants’ motion which were pursuant to CPLR 3211(a)(7) to dismiss the second and third causes of action of the plaintiff Tyrone Blake insofar as asserted against the defendants Sgt. James Hanrahan, Sgt. Sean O’Hara, and Lt. Mic Miltenberg, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
