Boyd v. City of New York

Appellate Division of the Supreme Court of New York

Boyd v. City of New York

2016 NY Slip Op 6964, 143 A.D.3d 609, 39 N.Y.S.3d 757

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 25, 2016

Docket2019 302353/13

StatusPublished

Cited by4 cases

This text of 2016 NY Slip Op 6964 (Boyd v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boyd v. City of New York, 2016 NY Slip Op 6964, 143 A.D.3d 609, 39 N.Y.S.3d 757 (N.Y. Ct. App. 2016).

Pincite

Opinion

Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered April 1, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, and denied plaintiff’s motion for partial summary judgment on her claim for false arrest and imprisonment, unanimously affirmed, without costs.

Plaintiff cannot prevail on her false arrest and imprisonment claim, because her confinement was privileged (De Lourdes Torres v Jones, 26 NY3d 742, 759 [2016]). The police had probable cause to arrest plaintiff based on: the three controlled drug buys out of her first floor apartment, including from a woman matching her physical description; utilities records showing that the basement where the contraband was found was not a separate apartment; and the fact that the police *610 actually found drugs and drug paraphernalia in the basement when executing a search warrant (id.). Further, plaintiff had constructive possession of the contraband, because she had dominion and control over the basement apartment, which she could access from her first floor apartment without a key (People v Diaz, 24 NY3d 1187, 1190 [2015]; People v Manini, 79 NY2d 561, 573 [1992]).

Plaintiff provides no compelling basis to challenge the presumed validity of the search warrant (People v Calise, 256 AD2d 64, 65 [1st Dept 1998], lv denied 93 NY2d 851 [1999]).

Because the City conceded that the police were acting within the scope of their employment, plaintiff may not proceed with her claim for negligent hiring and retention (Gonzalez v City of New York, 133 AD3d 65, 67-68 [1st Dept 2015]; Sugarman v Equinox Holdings, Inc., 73 AD3d 654, 655 [1st Dept 2010]).

We have considered plaintiff’s remaining contentions and find them unavailing.

Concur — Tom, J.P., Mazzarelli, Richter, Manzanet-Daniels and Webber, JJ.

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Order, Supreme Court, Bronx County (Mary Ann Brigantti, J.), entered April 1, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, and denied plaintiff’s motion for partial summary judgment on her claim for false arrest and imprisonment, unanimously affirmed, without costs.

Plaintiff cannot prevail on her false arrest and imprisonment claim, because her confinement was privileged (De Lourdes Torres v Jones, 26 NY3d 742, 759 [2016]). The police had probable cause to arrest plaintiff based on: the three controlled drug buys out of her first floor apartment, including from a woman matching her physical description; utilities records showing that the basement where the contraband was found was not a separate apartment; and the fact that the police *610 actually found drugs and drug paraphernalia in the basement when executing a search warrant (id.). Further, plaintiff had constructive possession of the contraband, because she had dominion and control over the basement apartment, which she could access from her first floor apartment without a key (People v Diaz, 24 NY3d 1187, 1190 [2015]; People v Manini, 79 NY2d 561, 573 [1992]).

Plaintiff provides no compelling basis to challenge the presumed validity of the search warrant (People v Calise, 256 AD2d 64, 65 [1st Dept 1998], lv denied 93 NY2d 851 [1999]).

Because the City conceded that the police were acting within the scope of their employment, plaintiff may not proceed with her claim for negligent hiring and retention (Gonzalez v City of New York, 133 AD3d 65, 67-68 [1st Dept 2015]; Sugarman v Equinox Holdings, Inc., 73 AD3d 654, 655 [1st Dept 2010]).

We have considered plaintiff’s remaining contentions and find them unavailing.

Concur — Tom, J.P., Mazzarelli, Richter, Manzanet-Daniels and Webber, JJ.

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Bluebook (online)

2016 NY Slip Op 6964, 143 A.D.3d 609, 39 N.Y.S.3d 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-city-of-new-york-nyappdiv-2016.

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