A trial court erred in dismissing claims against the Port Authority of New York and New Jersey by a man who says he was falsely arrested at John F. Kennedy International Airport more than 10 years agoand forced to stay overnight in an emergency room, an appellate court ruled.
A unanimous panel of the Appellate Division, Second Department, said that while having probable cause to believe a person committed a crime is a “complete defense” to allegations of false arrest, there was triable issue of fact in the case as to whether or not the Port Authority police officers had probable cause to arrest Nicholas Smolian in 2003.
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