On February 16, 2012, at approximately 3PM, plaintiff was at work within 2603 - a salon which she owned. Richard Sakharoff, a 49-year-old insurance agent, was asleep on his couch on June 17, 2001 when Boca Raton, Florida police officers knocked on his door and ordered him out. Here, by contrast, the officers discovered the gun inside the breast pocket of a man's coat located in a closed closet that Defendant had told officers housed his possessions. Man jailed for two years before inconsistencies were found in a search warrant. Significantly, beyond asserting that the acts that befell her were the result of a municipal custom and practice, plaintiff never once pleads a specific and prior example of the same. imprisonment, and malicious prosecution.14 Defendants addressed case law providing a warrant is presumptively valid unless the affiant knowingly, deliberately, or with reckless disregard for the truth, made false statements or omissions creating a falsehood, and the statements/omissions The case involved the murder of 16-year-old Martha Puebla, who was shot and killed outside her Sun Valley, California home. Co-op., Inc., 58 NY2d 420, 426 [1983]; Eke v City of New York, 116 AD3d 403, 404 [1st Dept 2014]; Witcher v Children's Tel. On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) all allegations in the complaint are deemed to be true (Sokoloff v Harriman Estates Dev. On February 16, 2012, Roberts entered 2603 after other officers [*8]had secured all the individuals therein. On February 16, 2012, he along with several other police officers executed a search warrant at 2603, a barber shop. False imprisonment versus shopkeeper’s privilege. The instant action is for false arrest, false imprisonment, malicious prosecution, [*2]negligence in the hiring, training, and retention of police officers, negligence, intentional and negligent infliction of emotional distress, and violations of 42 USC § 1981, § 1983, § 1985, and § 1988. He also sued Lynn for malicious prosecution. According to the girl’s parents, she had been home with her family all weekend, and began acting bizarrely after church on Sunday. False imprisonment cannot occur in a kidnapping situation because the person has been removed to a new area. The mental element is the equivalent as that for battery, so that false imprisonment can be committed recklessly. Los Angeles will pay $5.2 million to end a legal battle with a man whose murder conviction was tossed out.. Similarly, a cause of action for negligent infliction of emotional distress, which no longer requires physical injury as a necessary element, "generally must be premised upon the breach of a duty owed to plaintiff which either unreasonably endangers the plaintiff's physical safety, or causes the plaintiff to fear for his or her own safety" (Sheila C. v Povich, 11 AD3d 120, 130 [1st Dept 2004]; E.B. 2. Since the gravamen of any finding of constructive possession is control over the area from which contraband is seized, when the absence of control over the specific area [*5]where contraband is found is lacking, constructive possession by the owner, lessor, or occupant of a premises is negated (People v Gatreaux-Perez, 31 AD3d 1209, 1210 [4th Dept 2006] ["The mere fact that defendant lived at the residence where the drugs were found is, without more, legally insufficient to establish that she exercised the requisite dominion or control over the drugs by a sufficient level of control over the area in which the drugs were found" (internal quotation marks omitted). By way of background, the plaintiff testified that she was employed by the defendant bank as a Card Administration Officer in the Electronic Banking Department. By way of background, the plaintiff testified that she was employed by the defendant bank as a Card Administration Officer in the Electronic Banking Department. . Texas Police S.W.A.T. Conversely, a subsequent dismissal, acquittal or reversal on appeal is proof tending to establish the absence of probable cause at the time of the arrest (id.). of County of Kings, 2 AD3d 714, 718 [2d Dept 2003]; Brown v City of New York, 92 AD2d 15, 17 [1st Dept 1983]; Veras v Truth Verification, 83 AD2d 381, 384 [1st Dept 1982], affd 57 NY2d 947 [1982]). $3.1 Million Awarded in Florida False Arrest, Malicious Prosecution Case Loaded on Oct. 24, 2017 by A A Filed under: Injury -- Misc. On appeal, the appellate court disagreed with the lower court and reversed the ruling. Man jailed for two years before inconsistencies were found in a search warrant. Whenever an arrest and imprisonment arise without a warrant, however, the presumption is that such arrest and imprisonment were unlawful (Smith v County of Nassau, 34 NY2d 18, 23 [1974]). Specifically, the confidential informant bought marijuana from a male within 2603 on two separate occasions. The officers then proceeded to handcuff and arrest Alexander. We conclude, therefore, that there was legally sufficient evidence of defendant's constructive possession of the contraband found in the apartment. "]; People v Diaz, 220 AD2d 260 [1st Dept 1995] ["Where, as here, the evidence demonstrates that defendant owned, rented or had control over or a possessory interest in, the apartment where drugs were found, the evidence is legally sufficient to establish his constructive possession of such drugs. When the allegations comprising the claim for intentional infliction of emotional distress fall within the ambit of another cognizable cause of action, a cause of action for intentional infliction of emotional distress will not lie (Fischer v Maloney, 43 NY2d 553, 558 [1978] ["Indeed, it may be questioned whether the doctrine of liability for intentional infliction of extreme emotional distress should be applicable where the conduct complained of falls well within the ambit of other traditional tort liability, here malicious prosecution and abuse of process. Plaintiff leased the space and in turn rented stations to other hair stylists. See: Sakharoff v. City of Boca Raton, et al., Palm Beach County Circuit Court, 15th Circuit, Case No. Under these facts, a reasonable officer could not have concluded that there was probable cause to arrest Montañez for constructive possession of the gun" (internal citations omitted).]). The City's motion seeking summary judgment with respect to plaintiff's claim of malicious prosecution is hereby granted insofar as defendants establish the existence of probable cause for the arrest and, therefore, the subsequent prosecution, thereby barring any claim for malicious prosecution. False imprisonment includes both a behavior and a mental element. Corp., 96 NY2d 409, 414 [2001]; Cron v Hargro Fabrics, 91 NY2d 362, 366 [1998]). The first is for false arrest and false imprisonment, wherein plaintiff asserts that while within 2603, her place of business, she was falsely arrested and imprisoned by police officers employed by the City without any justification. False imprisonment is the act of restraining a person against his/her will in a bounded area without any justification. Accordingly, since the absence probable cause is essential to a claim of malicious prosecution (Cantalino at 394; Smith-Hunter at 195; Colon at 82; Martin at 16; Broughton at 457; Heany at 159-160), its existence precludes such claim. For example, if a person wrongfully prevents another from leaving a room or vehicle when that person wants to leave, it amounts to false imprisonment. While it is often argued that in cases alleging a violation of 42 USC § 1983 any motion to dismiss should be decided under the federal pleading standards, particularly those promulgated by Ashcroft v Iqbal (556 US 662, 678 [2009]), it is well settled that even after Ashcroft, this State's courts have consistently applied the standards promulgated by New York State case law when confronted with a motion seeking dismissal of a cause of action pursuant to 42 USC § 1983, on grounds that the complaint fails to state a cause of action (Vargas v City of New York, 105 AD3d 834, 834-837 [2d Dept. 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