GRIECO v. NASSAU COUNTY POLICE DEPARTMENT (1999)

Supreme Court, Appellate Division, Second Department, New York.

Diane GRIECO, appellant, v. NASSAU COUNTY POLICE DEPARTMENT, et al., respondents.

Decided: November 08, 1999

WILLIAM D. FRIEDMANN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO and NANCY E. SMITH, JJ.

McCabe Collins McGeough & Fowler, LLP, Mineola, N.Y. (James J. Collins of counsel), for appellant. Owen B. Walsh, County Attorney, Mineola, N.Y. (Gerald R. Podlesak of counsel), for respondents Nassau County Police Department, County of Nassau, and Detective Carl Happ. Curtis, Zaklukiewicz, Vasile, Devine & McElhenny, Merrick, N.Y. (Michael J. Dorry of counsel), for respondents Richard Grieco and Denise Corbett.

In an action, inter alia, to recover damages for false arrest and malicious prosecution, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.), entered June 30, 1998, as granted those branches of the defendants' respective motions which were to dismiss her causes of action to recover damages for false arrest and malicious prosecution.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiff's contentions, there was probable cause for her arrest. The existence of probable cause bars the plaintiff's causes of action to recover damages for malicious prosecution and false arrest (see, Broughton v. State of New York, 37 N.Y.2d 451, 373 N.Y.S.2d 87, 335 N.E.2d 310, cert. denied 423 U.S. 929, 96 S.Ct. 277, 46 L.Ed.2d 257). Accordingly, those causes of action were properly dismissed.

MEMORANDUM BY THE COURT.

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