A sharply divided New York state appeals panel has reinstated the civil rights action of a plaintiff who claims she was falsely arrested for harassing a woman during an American Idol concert in Albany.

Marc Barbera, a New York state trooper and fellow concert-goer, accused 68-year-old Pauline Guntlow of striking his wife in the ribs while she was watching the concert with the couple’s 4-year-old daughter. Guntlow, however, insisted that she simply tapped Ms. Barbera on the shoulder and asked her to sit down so she could have an unobstructed view.