Parvi v. City of Kingston

41 N.Y.2d 553, 362 N.E.2d 960, 394 N.Y.S.2d 161 (1977)

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Parvi v. City of Kingston

New York Court of Appeals
41 N.Y.2d 553, 362 N.E.2d 960, 394 N.Y.S.2d 161 (1977)

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Facts

Parvi (plaintiff) was trying to break up a fight between two brothers behind a commercial building. The police responded to a complaint and found all three showing the effects of alcohol. Parvi told the police that he had nowhere to go, so instead of arresting Parvi, the police took him to an abandoned golf course outside the city limits to let him sober up. Approximately one hour after Parvi was dropped off by the police, Parvi wandered nearly 350 feet onto the highway and was hit by a car and injured. Parvi sued the City of Kingston (defendant) for false imprisonment. At trial, Parvi admitted he had no recollection of what happened the night of the incident. The police described Parvi as responsive to their commands to get in the car and testified that he requested to be let off elsewhere. The trial court dismissed the case, and the Appellate Division affirmed. Parvi appealed to the Court of Appeals of New York.

Rule of Law

Issue

Holding and Reasoning (Fuchsberg, J.)

Dissent (Breitel, C.J.)

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