DONNELL MURRAY, plf-ap, v. THE CITY OF NEW YORK def-res

4799. DONNELL MURRAY, plf-ap, v. THE CITY OF NEW YORK def-res — John R. DePaola & Associates, PLLC, Bayside (Michael E. Soffer of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Meryl Holt of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered June 13, 2016, which, insofar as appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the state law claim for malicious prosecution against the City of New York and the individual defendants and the federal claims pursuant to 42 USC §1983 for false arrest, false imprisonment, malicious prosecution, excessive force, and illegal search and seizure against the individual defendants, unanimously reversed, on the law, without costs, and the motion denied.

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4799. DONNELL MURRAY, plf-ap, v. THE CITY OF NEW YORK def-res — John R. DePaola & Associates, PLLC, Bayside (Michael E. Soffer of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Meryl Holt of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered June 13, 2016, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the state law claim for malicious prosecution against the City of New York and the individual defendants and the federal claims pursuant to 42 USC §1983 for false arrest, false imprisonment, malicious prosecution, excessive force, and illegal search and seizure against the individual defendants, unanimously reversed, on the law, without costs, and the motion denied.

The parties’ differing versions of the events leading up to plaintiff’s arrest, including whether plaintiff produced a driver’s license and registration, present a triable issue of fact whether the individual defendants had probable cause toarrest him (see Mendez v. City of New York, 137 AD3d 468, 471 [1st Dept 2016]) and to impound and search his car (see People v. Francis, 12 Misc 3d 781, 785 [Sup Ct, New York County 2006]). The motion court erred in relying on the DMV records submitted by defendants showing that plaintiff’s license was suspended, because the officers did not know at the time of the arrest that plaintiff’s license was suspended (see Smith v. County of Nassau, 34 NY2d 18, 24 [1974]; Cheeks v. City of New York, 123 AD3d 532, 545 [1st Dept 2014]).

DONNELL MURRAY, plf-ap, v. THE CITY OF NEW YORK def-res

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