Home/Appellate Division of the Supreme Court of New York/Graham v. City of Rochester

Graham v. City of Rochester

145 A.D.2d 942, 536 N.Y.S.2d 313, 1988 N.Y. App. Div. LEXIS 13985
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 23, 1988
StatusPublished

This text of 145 A.D.2d 942 (Graham v. City of Rochester) 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
Graham v. City of Rochester, 145 A.D.2d 942, 536 N.Y.S.2d 313, 1988 N.Y. App. Div. LEXIS 13985 (N.Y. Ct. App. 1988).

Opinion

— Order unanimously affirmed without costs. Memorandum: Special Term properly denied the city’s motion for summary judgment. Since the arrest warrant was ambiguous on its face, the police were required to use due diligence and reasonable care to verify whether plaintiff was in fact the person intended to be arrested and the only person to whom the warrant could validly be applied (see, Dennis v State of New York, 96 AD2d 1143; Williams v City of Buffalo, 72 AD2d 952, 953, appeal dismissed 49 NY2d 799; Craner v Corbett, 27 AD2d 796; Maracle v State of New York, 50 Misc 2d 348; cf., Davis v City of Syracuse, 66 NY2d 840). On this record, the determination of due diligence is a question of fact. (Appeal from order of Supreme Court, Monroe County, Rosenbloom, J. —summary judgment.) Present — Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.

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Related

Davis v. City of Syracuse
489 N.E.2d 242 (New York Court of Appeals, 1985)
Craner v. Corbett
27 A.D.2d 796 (Appellate Division of the Supreme Court of New York, 1967)
Williams v. City of Buffalo
72 A.D.2d 952 (Appellate Division of the Supreme Court of New York, 1979)
Dennis v. State
96 A.D.2d 1143 (Appellate Division of the Supreme Court of New York, 1983)
Maracle v. State
50 Misc. 2d 348 (New York State Court of Claims, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
145 A.D.2d 942, 536 N.Y.S.2d 313, 1988 N.Y. App. Div. LEXIS 13985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-city-of-rochester-nyappdiv-1988.