KANDEKORE v. TOWN OF GREENBURGH (1997)

In an action, inter alia, to recover damages for false arrest and malicious prosecution, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 3, 1996, which, inter alia, granted the defendants' cross motion to dismiss the complaint.

ORDERED that the order is affirmed, with costs.

 The Supreme Court properly found that the plaintiff is collaterally estopped by his previous criminal conviction of assault in the second degree, resisting arrest, and driving while ability impaired, from now relitigating the lawfulness of that arrest and prosecution.   Upon his conviction for resisting arrest, the jury necessarily decided that the arrest was authorized and premised on probable cause (see, People v. Jensen, 86 N.Y.2d 248, 630 N.Y.S.2d 989, 654 N.E.2d 1237), and that the police used appropriate force in effecting the arrest (see, Pastre v. Weber, 717 F.Supp. 987).   Once probable cause has been established, causes of action to recover damages for false arrest, false imprisonment, malicious prosecution, and constitutional rights claims for false arrest and malicious prosecution under 42 USC 1983 may not be maintained (see, Holmes v. City of New Rochelle, 190 A.D.2d 713, 593 N.Y.S.2d 320;  Feinberg v. Saks & Co., 83 A.D.2d 952, 443 N.Y.S.2d 26;  Miloslavsky v. AES Engineering Society Inc., 808 F.Supp. 351, affd. 993 F.2d 1534, cert. denied 510 U.S. 817, 114 S.Ct. 68, 126 L.Ed.2d 37).   Accordingly, all of the causes of actions were properly dismissed.

MEMORANDUM BY THE COURT.