| Lewis v Caputo |
| 2012 NY Slip Op 08059 [20 NY3d 906] |
| November 27, 2012 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, January 16, 2013 |
| Bernard Lewis, Respondent, v Joseph Caputo, Individually, Appellant, et al., Defendants. |
Decided November 27, 2012
Lewis v Caputo, 95 AD3d 262, reversed.
APPEARANCES OF COUNSEL
Michael A. Cardozo, Corporation Counsel, New York City (June A. Witterschein of counsel), for appellant.
Michael J. Andrews, P.C., New York City (Michael J. Andrews of counsel), for respondent.
Memorandum. [*2]
The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.{**20 NY3d at 907}
The Appellate Division incorrectly determined that defendant failed to provide a sufficient basis for establishing probable cause as a matter of law. While different inferences as to plaintiff's guilt or innocence of the underlying crime are possible, only one reasonable inference could be drawn from the facts regarding probable cause. Therefore, the issue was not one properly presented to the jury for determination (see Veras v Truth Verification Corp., 57 NY2d 947 [1982], affg for reasons stated at 87 AD2d 381 [1st Dept 1982]; cf. Smith v County of Nassau, 34 NY2d 18 [1974]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.