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
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 9, 2026 |
| Citation | 2026 NY Slip Op 05881 |
| Area of law | Civil Rights and Constitutional Law · Personal Injury and Negligence |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05881 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1109 |
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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