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15-278 - Eposito v. City of New York et al


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15-278 - Eposito v. City of New York et al
January 6, 2017
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MEMORANDUM and ORDER: Defendants motion 67 is DENIED for the reasons stated in the attached memorandum and order. Ordered by Judge Frederic Block on 1/6/2017. (Innelli, Michael)
June 14, 2017
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MEMORANDUM & ORDER: Plaintiff's motion 94 for judgment as a matter of law is denied. There is evidence that, before plaintiffs arrest, Delprete witnessed: (1) suspicious behavior from individuals in an SUV that led him to believe an arranged meeting was about to take place in a drug-prone area, and (2) plaintiff exchange a piece of folded pink paper for what Delprete believed was money with one of the individuals from the SUV. This is sufficient evidence for a reasonable jury to rely on in concluding that there was probable cause to arrest plaintiff, and therefore that defendants are not liable for false arrest. Ordered by Judge Frederic Block on 6/14/2017. (Innelli, Michael)