Townsend v Carr (2007 NY Slip Op 07242)

Townsend v Carr

2007 NY Slip Op 07242 [43 AD3d 1427]

September 28, 2007

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 7, 2007

Rodney Townsend, Respondent, v Jonathan A. Carr, Individually and as a Police Officer of the City of Rome, et al., Appellants.

—[*1] Timothy A. Benedict, Corporation counsel, Rome (Gregory A. Mattacola of counsel), for defendants-appellants.

Lockwood & Golden, Utica (B. Brooks Benson of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (Robert F. Julian, J.), entered May 22, 2006 in an action seeking damages for, inter alia, false arrest and false imprisonment. The order denied defendants' motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs for reasons stated in the decision at Supreme Court. Present—Gorski, J.P., Smith, Centra, Fahey and Green, JJ.