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Barrett v. Watkins

Appellate Divisions of the Supreme Court of the State of New York
82 A.D.3d 1569 (2011)


Robert Barrett (plaintiff) was driving through a remote public park. When Barrett and his passengers attempted to leave the park, they found that the access road was blocked by an unoccupied truck. Barrett honked his horn, and Wade Ebert appeared. Ebert, the owner of the truck, refused to move. Ebert then called Steven Dubrovsky (defendant), whose company owned the area next to the park. Barrett testified that Ebert told him that Ebert worked for Dubrovsky. Dubrovsky arrived and told Barrett that he did not belong there and that he didn’t care if Barrett had to sit there all night. Dubrovsky then got into his vehicle with Ebert and left Barrett behind. The police later arrived and instructed Ebert to move the truck. Ebert told the police that he was ordered to block the road in order to prevent Barrett from leaving the area. Barrett brought suit, claiming unlawful imprisonment. Dubrovsky moved for summary judgment, claiming that Barrett was not actually confined because Dubrovsky believed there was another way out of the park. Dubrovsky also denied that Ebert worked for him or that he directed Ebert to prevent Barrett from leave. Dubrovsky also claimed that there were no facts connecting him to Ebert’s actions. The lower court granted Dubrovsky’s motion for summary judgment and dismissed the complaint. Barrett appealed.

Rule of Law


Holding and Reasoning (Peters, J.)

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