Opinion
8205 Index 303776/14
01-24-2019
Ariel SANCHEZ, et al., Plaintiffs–Appellants, v. The CITY OF NEW YORK, et al., Defendants–Respondents.
Sim & Record, LLP, Bayside (Sang J. Sim, New York, of counsel), for appellants. Zachary W. Carter, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for respondents.
Sim & Record, LLP, Bayside (Sang J. Sim, New York, of counsel), for appellants.
Zachary W. Carter, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for respondents.
Sweeny, J.P., Tom, Kahn, Oing, Singh, JJ.
The court correctly dismissed plaintiffs' claims for false arrest and false imprisonment, given defendants' prima facie showing that the officers lawfully stopped the vehicle due to a problem with a taillight (see People v. Diaz, 232 A.D.2d 289, 289, 648 N.Y.S.2d 562 [1st Dept. 1996], lv denied sub nom. People v. Martinez, 89 N.Y.2d 944, 655 N.Y.S.2d 895, 678 N.E.2d 508 [1997] ), and that they obtained probable cause to search the car upon detection of a strong odor of pine or ammonia indicative of street level phencyclidine (PCP) (see People v. Darby, 263 A.D.2d 112, 113–114, 701 N.Y.S.2d 395 [1st Dept. 2000], lv denied 95 N.Y.2d 795, 711 N.Y.S.2d 163, 733 N.E.2d 235 [2000] ; People v. Smith, 66 A.D.3d 514, 887 N.Y.S.2d 562 [1st Dept. 2009], lv denied 13 N.Y.3d 942, 895 N.Y.S.2d 332, 922 N.E.2d 921 [2010] ). Plaintiffs' conclusory submissions in opposition to defendants' motion failed to raise a triable issue of fact.
The existence of probable cause for the arrest also defeats plaintiffs' claim for malicious prosecution (see Broughton v. State of New York, 37 N.Y.2d 451, 458, 373 N.Y.S.2d 87, 335 N.E.2d 310 [1975], cert denied sub nom. Schanbarger v. Kellogg, 423 U.S. 929, 96 S.Ct. 277, 46 L.Ed.2d 257 [1975] ), and the individual officers are also entitled to qualified immunity because the evidence supports the objective reasonableness of the instant stop, search, and arrest (see Delgado v. City of New York, 86 A.D.3d 502, 510, 928 N.Y.S.2d 487 [1st Dept. 2011] ).
We have considered plaintiffs' remaining claims and find them unavailing.