ESQ HQNEW YORK LAW WATCH

Appellate Division, Fourth Department · October 9, 2026 · 2026 NY Slip Op 05881

Fuller v City of Buffalo

Read the official decision: 2026 NY Slip Op 05881

Holding The court affirmed summary judgment in favor of the City defendants, determining that probable cause existed for the plaintiff’s arrest based on witness statements and officer testimony. Consequently, the defendants were entitled to qualified immunity, and the claims for false arrest, malicious prosecution, and abuse of process were properly dismissed.

The court’s words

The existence of probable cause constitutes a complete defense to causes of action alleging false arrest[] malicious prosecution

2026 NY Slip Op 05881, at the official text

Generally, probable cause is established where an identified crime victim communicates to the arresting officer information affording a credible ground for believing the offense was committed and identifies the accused as the perpetrator

2026 NY Slip Op 05881, at the official text

the issue of probable cause is a question of law to be decided by the court only where there is no real dispute as to the facts or the proper inferences to be drawn from such facts

2026 NY Slip Op 05881, at the official text
CourtAppellate Division, Fourth Department
DecidedOctober 9, 2026
Citation2026 NY Slip Op 05881
Area of lawCivil Rights and Constitutional Law · Personal Injury and Negligence
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05881
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1109

Recommended citation

ESQ HQ, New York Law Watch, Fuller v City of Buffalo, 2026 NY Slip Op 05881 (Appellate Division, Fourth Department, October 9, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05881/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 9, 2026. Updated October 9, 2026.