Roche v. Vill. of Tarrytown, 309 A.D.2d 842 (N.Y. App. Div. 2003). · Go Syfert
Roche v. Vill. of Tarrytown, 309 A.D.2d 842 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 5 distinct courts.
Strongest positive: Nunez v. Village of Rockville Centre (nyed, 2022-02-22)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Nunez v. Village of Rockville Centre
E.D.N.Y · 2022 · quote attribution · 1 verbatim quote · confidence high
since the village did not prosecute roche, the village cannot be charged with malicious prosecution.
examined Cited as authority (verbatim quote) Jackson v. Nassau County (2×) also: Cited as authority (quoted)
E.D.N.Y · 2021 · signal: see · quote attribution · 2 verbatim quotes · confidence high
since the village did not prosecute roche, the village cannot be charged with malicious prosecution.
examined Cited as authority (verbatim quote) Houghton v. Cardone (2×) also: Cited as authority (quoted)
W.D.N.Y. · 2003 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the supreme court ... properly awarded summary judgment to the defendant county, as it cannot be held liable for the alleged malicious prosecution by its district attorney's office
discussed Cited as authority (rule) O'Dell v. County of Livingston
N.Y. App. Div. · 2019 · confidence medium
Inasmuch as the Village did not [*2]prosecute plaintiff, the Village cannot be sued for malicious prosecution ( see Roche v Village of Tarrytown , 309 AD2d 842, 843 [2d Dept 2003]), and therefore the accrual of the malicious prosecution cause of action against the County defendants cannot be invoked to revive plaintiff's time-barred false arrest cause of action against the Village ( see id. ).
discussed Cited as authority (rule) Coleman v. Worster
N.Y. App. Div. · 2016 · confidence medium
Such causes of action accrue upon the individual’s “release! ] from confinement” (Charnis v Shohet, 2 AD3d 663, 663 [2003]; see Bellissimo v Mitchell, 122 AD3d at 560 ; Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]; Avgush v Town of Yorktown, 303 AD2d 340, 341 [2003]).
discussed Cited as authority (rule) Matter of Lapierre v. City of New York
N.Y. App. Div. · 2016 · confidence medium
These notices of claim were timely with respect to their claims sounding in malicious prosecution, but untimely with respect to their claims sounding in false arrest, assault, battery, negligence, intentional infliction of emotional distress, and negligent hiring, supervision, and retention (see Matter of Rivera v City of New York, 88 AD3d 1004, 1005 [2011]; Matter of Blanco v City of New York, 78 AD3d 1048 [2010]; Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]).
discussed Cited as authority (rule) Blanco v. City of New York
N.Y. App. Div. · 2010 · confidence medium
This notice of claim was timely with respect to the petitioner’s malicious prosecution claim, but untimely with respect to his false arrest and false imprisonment claims (see Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]).
discussed Cited as authority (rule) Bush v. City of New York
N.Y. App. Div. · 2010 · confidence medium
This notice of claim was timely with respect to the petitioner’s malicious prosecution claim, but untimely with respect to his false arrest claim (see Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]).
cited Cited as authority (rule) Johnson v. City of New York
S.D.N.Y. · 2009 · confidence medium
Of Tarrytown, 309 A.D.2d 842 , 766 N.Y.S.2d 46, 46 (2d Dept.2003).
cited Cited as authority (rule) Berman v. Gucciardo
N.Y. App. Div. · 2008 · confidence medium
Auth., 267 AD2d 211, 212 [1999]), and, in any event, rest upon matter dehors the record (see Roche v Village of Tarrytown, 309 AD2d 842, 844 [2003]).
discussed Cited as authority (rule) Roman v. Comp USA, Inc.
N.Y. App. Div. · 2007 · confidence medium
The one-year statute of limitations applicable to a cause of action for malicious prosecution (see CPLR 215 [3]; Syllman v Nissan, 18 AD3d 221, 222 [2005]) does not begin to run until favorable termination of the underlying criminal proceeding (see Martinez v City of Schenectady, 97 NY2d 78, 84 [2001]; Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]).
discussed Cited as authority (rule) Town of Newfane v. General Star National Insurance
N.Y. App. Div. · 2004 · confidence medium
We further recognize that a cause of action for malicious prosecution does not ripen substantively or accrue for purposes of the statute of limitations until the ultimate dismissal or favorable termination of the criminal charges in November 2000 (see generally Martinez v City of Schenectady, 97 NY2d 78, 84-85 [2001]; Cantalino v Danner, 96 NY2d 391, 395 [2001]; Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]; Nunez v City of New York, 307 AD2d 218 [2003]; Matter of Ragland v New York City Hous.
discussed Cited "see" Williams v. CVS Pharmacy, Inc.
N.Y. App. Div. · 2015 · signal: see · confidence high
“Causes of action based on false arrest . . . accrue upon the subject’s ‘release[ ] from confinement’ and are governed by a one-year statute of limitations” (Bellissimo v Mitchell, 122 AD3d 560, 560 [2014], quoting Charnis v Shohet, 2 AD3d 663, 663 [2003] [citations omitted]; see Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]).
discussed Cited "see" Bellissimo v. Mitchell
N.Y. App. Div. · 2014 · signal: see · confidence high
Causes of action based on false arrest and false imprisonment accrue upon the subject’s “release[ ] from confinement” (Charms v Shohet, 2 AD3d 663, 663 [2003]; see Roche v Village of Tarrytown, 309 AD2d 842, 843 [2003]; Augush v Town of Yorktown, 303 AD2d 340, 341 [2003]), and are governed by a one-year statute of limitations (see CPLR 215 [3]).
discussed Cited "see" TADCO Construction Corp. v. Dormitory Authority (2×)
E.D.N.Y · 2010 · signal: see · confidence high
See Roche v. Village of Tarrytown, 309 A.D.2d 842, 843 , 766 N.Y.S.2d 46, 47 (2d Dep’t 2003).
discussed Cited "see, e.g." Opoku v. County of Suffolk (2×)
E.D.N.Y · 2015 · signal: see also · confidence low
“It is ... well established that ‘a state prosecuting .attorney who acted within the scope of his duties in initiating and pursuing a criminal prosecution’ ‘is immune from a civil suit for damages under § 1988.’ ” Shmueli v. City of New York, 424 F.3d 231, 236 (2d Cir.2005) (quoting Imbler v. Pachtman, 424 U.S. 409, 410, 431 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976)) (internal citation omitted); see also Roche v. Vill. of Tarrytown, 309 A.D.2d 842 , 766 N.Y.S.2d 46, 47 (2003) (state law absolute immunity).
Retrieving the full opinion text from the archive…
Michael P. Roche
v.
Village of Tarrytown
Appellate Division of the Supreme Court of the State of New York.
Oct 20, 2003.
309 A.D.2d 842

In an action, inter alia, to recover damages for false arrest and unlawful imprisonment, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Donovan, J.), entered September 11, 2002, which granted the separate mo[*843] tions of the defendants Village of Tarrytown and County of Westchester for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the plaintiffs’ contentions, the Supreme Court properly granted the motion of the defendant Village of Tarry-town for summary judgment dismissing the causes of action to recover damages for false arrest and unlawful imprisonment insofar as asserted against it. Those causes of action accrued upon the date the plaintiff Michael Roche was released from confinement (see Nunez v City of New York, 307 AD2d 218 [2003]; Salman v Econo Lodge, 303 AD2d 923 [2003]; Avgush v Town of Yorktown, 303 AD2d 340 [2003]; Palmer v City of New York, 226 AD2d 149 [1996]; Matter of Ragland v New York City Hous. Auth., 201 AD2d 7 [1994]), which in this case was September 18, 1999, shortly after his arrest for theft of services. The plaintiffs did not file a notice of claim with the Village until February 22, 2000, which is beyond the applicable 90-day period provided by General Municipal Law § 50-e (1) (a) (see Avgush v Town of Yorktown, supra).

The plaintiffs argue that their notice of claim was timely served on the Village when measured from the accrual of the plaintiffs’ cause of action to recover damages for malicious prosecution, which accrued, if at all, upon the termination of the criminal prosecution (see Nunez v City of New York, supra; Matter of Ragland v New York City Hous. Auth., supra). However, the complaint only asserted causes of action to recover damages for false arrest and unlawful imprisonment against the Village. This is factually appropriate since the Village’s police officers only arrested Roche; the Village did not prosecute him. The County of Westchester prosecuted the theft of services charge through its District Attorney’s office. Thus, since the Village did not prosecute Roche, the Village cannot be charged with malicious prosecution, and therefore the accrual of the malicious prosecution cause of action against the County cannot be invoked to revive the plaintiffs’ time-barred false arrest and unlawful imprisonment claims against the Village.

The Supreme Court likewise properly awarded summary judgment to the defendant County, as it cannot be held liable for the alleged malicious prosecution by its District Attorney’s office. The decision to prosecute, and to later drop the theft of services charge, was a prosecutorial act for which the District Attorney and the County enjoy absolute immunity from suit for damages (see Imbler v Pachtman, 424 US 409 [1976];[*844] Johnson v Kings County Dist. Attorney’s Off., 308 AD2d 278 [2003]; Shapiro v Town of Clarkstown, 238 AD2d 498 [1997]; Hazen v Dufrane, 226 AD2d 901 [1996]; Calderon v County of Westchester, 111 AD2d 208 [1985]).

The plaintiffs’ arguments challenging the timing of the defendants’ motions are unpreserved for appellate review (see Matter of Cosgriff v Progressive Ins. Co., 303 AD2d 680 [2003]; Lebreton v New York City Tr. Auth., 267 AD2d 211 [1999]), and rest upon matters that are dehors the record. Thus, these arguments are not properly raised and may not be considered on appeal (see Juarbe v City of New York, 303 AD2d 462 [2003]; Schondorf v Brookville Energy Partners, 303 AD2d 396 [2003]).

The plaintiffs’ remaining contentions are without merit. Ritter, J.P., Florio, S. Miller and Luciano, JJ., concur.