McManus v. County of Nassau

68 A.D.2d 934

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 19, 1979
• Status: Published

Opinion

In an action to recover for false arrest, defendant Citibank appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County, dated August 11, 1978, as denied its motion (1) for summary judgment and (2) to sever Action No. 1 from Action No. 2. Order affirmed insofar as appealed from, with $50 costs and disbursements. There remains for determination the fact issue as to whether the employees of Citibank instigated the police action against the plaintiffs, their arrest and their detention in the police station for questioning. Hopkins, J. P., Suozzi, Cohalan and Margett, JJ., concur.