Practice point: An application for judgment as a matter of law may be made at the
close of an opposing party's case, or at any time on the basis of
admissions, pursuant to CPLR 4401. The grant of the application prior to the close of the opposing party's case is generally disfavored. However, it may be
warranted prior to the presentation of any evidence if the plaintiff
has, by some admission or statement of fact, completely compromised
his or her case. Here, prior to the presentation
of evidence, the plaintiff's counsel made certain admissions and
statements of fact which demonstrated, as a matter of law, that the
police had probable cause to arrest the plaintiff.
Student note: Probable cause to
believe that a person committed a crime is a complete defense to causes
of action alleging false arrest and malicious prosecution. As a general rule, information from an identified
citizen accusing another individual of the commission of a specific
crime is sufficient to provide the police with probable cause to arrest. An eyewitness victim of a crime can provide probable cause
for the arrest of the assailant despite the fact that the victim-witness' reliability
has not been previously established or the information corroborated.
Case: Okunubi v. City of New York, NY Slip Op 05886 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: :Piercing the corporate veil.
