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Joseph Martone, appellant, v. Blue Ridge Farms, Inc., et al., respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendants established that the defendant Blue Ridge Farms, Inc., merely provided information to the detectives who arrested the plaintiff, and the plaintiff failed to submit any evidence sufficient to raise a triable issue of fact with respect thereto. Accordingly, the defendants were entitled to summary judgment dismissing the cause of action to recover damages for false arrest (see, Cobb v. Willis, 208 A.D.2d 1155).

The defendants also established their entitlement to judgment as a matter of law with respect to the cause of action to recover damages for malicious prosecution. Contrary to the plaintiff's contention, a statement given to the police by his co-worker provided probable cause to arrest him (see, People v. McCray, 51 N.Y.2d 594). In addition, the plaintiff failed to submit any evidence sufficient to raise a triable issue of fact (see, McFawn v. Kresler, 88 N.Y.2d 859). Thus, the defendants were entitled to summary judgment dismissing the cause of action to recover damages for malicious prosecution (see generally, Zuckerman v. City of New York, 49 N.Y.2d 557).

SULLIVAN, J.P., FLORIO, LUCIANO and FEUERSTEIN, JJ., concur.

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MARTONE v. BLUE RIDGE FARMS, INC
(May 1, 2000)