Opinion
2012-11-21
Isaac RAY, appellant, v. COUNTY OF NASSAU, et al., respondents.
Isaac Ray, Alden, N.Y., appellant pro se.
*888In an action, inter alia, to recover damages for intentional infliction of emotional distress and negligence, the plaintiff appeals from stated portions of an order of the Supreme Court, Nassau County (Parga, J.), dated January 20, 2011, which, inter alia, granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging negligence.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly granted that branch of the defendants' motion which was to dismiss the cause of action alleging negligence. A plaintiff seeking damages for an injury resulting from a wrongful arrest and detention may not recover, as here, under broad general principles of negligence, but must proceed by way of the traditional remedies of false arrest and imprisonment, which he has done. Those causes of action are not before us on this appeal ( see Johnson v. Kings County Dist. Attorney's Off., 308 A.D.2d 278, 285, 763 N.Y.S.2d 635;Heath v. State, 229 A.D.2d 912, 912–913, 645 N.Y.S.2d 366;Secard v. Department of Social Servs. of County of Nassau, 204 A.D.2d 425, 427, 612 N.Y.S.2d 167;Stalteri v. County of Monroe, 107 A.D.2d 1071, 1071, 486 N.Y.S.2d 555;Boose v. Rochester, 71 A.D.2d 59, 62, 421 N.Y.S.2d 740). To the extent that the complaint contained other allegations of negligence not related to the plaintiff's arrest and imprisonment, such allegations were insufficient to constitute any other cognizable cause of action against the defendants ( see Donald v. State, 17 N.Y.3d 389, 395, 929 N.Y.S.2d 552, 953 N.E.2d 790;Mon v. City of New York, 78 N.Y.2d 309, 314–315, 574 N.Y.S.2d 529, 579 N.E.2d 689;Santoro v. Town of Smithtown, 40 A.D.3d 736, 738, 835 N.Y.S.2d 658;see also McLean v. City of New York, 12 N.Y.3d 194, 199, 878 N.Y.S.2d 238, 905 N.E.2d 1167;Euell v. Incorporated Vil. of Hempstead, 57 A.D.3d 837, 838, 871 N.Y.S.2d 224;Dixon v. Village of Spring Val., 6 A.D.3d 489, 490, 774 N.Y.S.2d 574).
The plaintiff's remaining contentions are without merit.