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Hi all, Just moved to Australia from NZ 6 months ago. A little about me: - Loves good drink on the weekend (every now and then a cheeky mid-weeker) - Relaxed personality - Respectful of the place (i.e. reasonably tidy, doesn't have to be spotless) - Like to be able to hang out with the people I live with - Love to get in some skiing when I can, and kickboxing when I can afford it - Working full time at an incredibly fun office - Serious addiction to travel and everything foreign Ideally I want somewhere close enough to town that I can run into work in the mornings (and not kill myself doing it, 5km or less is fine!) Not bothered at all by age, race, sexual orientation or occupation - just keen to find some good sorts that I can get along with. Hit me up!
I am outgoing, friendly and I like to meet new, interesting people. I am from Slovakia, and my biggest hobby is traveling)
I am from Germany and I'll work in Sydney for 3 month before travelling the country with my girlfriend before studying next year. I am a really tidy person and I don't mind helping in the household and helping my flatmates generally.
Hi! I'm Chiragh, an engineer from India. I'm moving to Sydney in the 2nd week of September, 2017 to pursue Masters at Macquarie University. I am a great person to share an accommodation with, or so I have been told by my previous flat mates over the years, primarily because I respect an individual's privacy. I'm friendly, self sufficient, clean, very social (not the funky types) and an avid conversationalist. In my spare time, I enjoy reading, running and playing football. Professionally, I've worked for 5 years in the Mining Industry. I intend to work part time once my course commences. Oh, and I also play the piano and guitar.
Hey Mate! I'm an 46 y.o. Art Director, working in Films and tv, in Sydney as part of my Sabbatical year. I'm into (and work with ) arts and culture in general. I'll be studying full-time, sometime in weekends also. More than a nice place, i'm looking for intelligent, easy and cool people to share the house. From September till 3rd January.
Young professiona, outgoing and social Enjoys fitness and good food. Moving to sydney from new zealand to do post grad study in the medical profession
Hi My name is Oak. I'm looking for a privet room. I'm a student study in IT College. I need a place that quiet at night and peaceful on the weekend so I can study for a little. No baby or kids in the house/apartment. I'm easy going, socialize, drinking but not smoking. <3
i m Riccardo, i m 22, italian friendly and clean.
Need to be located 1 hour or less from the city by bus or train. Less than 30 min is better.
Hi there, I am a nice individual, polite, professional, international, cultural, sporty, usually quiet, not difficult at all, pay the rent on time, etc. ~ I like listening to music with earphones, languages, work, projects, sport, texting with friends in my phone, travel / adventure, youtube or movies in my laptop, a few games in my laptop, writing, etc. I am from Sweden, however I am Australian as well. I am looking for team-ups, to split up a house or apartment with others interested in renting directly from a Real Estate agent. Studio apartments, lease take-overs or private rooms interest me as well. So feel free to contact me if you have a private room to rent out, a lease to take over or you would like to team up with someone like me ~ Currently I am primarily interested in team-up applications in central Melbourne or in central Sydney, with interesting flatmates keen on adventure etc
Looking for a private room, centrally located, ideally with all bills/internet included!
I am from Chile. vegetarian. in Australia with working holidays visa, I will be a year in this country. I like to know new cultures and different people.
2 fun, easy going girls from UK and Sweden. We love a drink and socialising but also love our down time, home cooking and watching movies. Would love to find somewhere as soon as possible! Probably looking at a twin or double room for us to share.
US Tech/Finance consultant returning to Sydney. I travel frequently to Singapore/HK/NZ for work and spend most of my work week in CBD. Other than that I like hitting the gym, surfing and doing yoga when I can.
I have a one year working holiday visa to work in Australia, and I'm a native Chinese speaker and speak fluent English. I try to keep my living environment clean, I don't make loud noises unless I've been asked to do so. I like chitchat but also enjoy peace of my own. I like dogs if you have a pet dog it won't bother me at all. I enjoy nights in and nights out depending on my mood but I'm great to be around.
I'm looking for residences near burwood's neighborhoods and and I'm a good guy to live and share an accomodation because I'm flexible and funny. I prefer to keep the house always organized and clean. I like do the exercises like Crossfit and gym and eat clean foods as well. I'm Brazilian and I love to make friends and hang out with friends for fun.
My name is Georgie and I'm a 25 year old Brit. I have been living in Sydney for the last year but my flatmates are all moving on so I need to find somewhere new to live. I am a student and will be working part time during term time and full time in the holidays. I work and study in the CBD so somewhere within walking distance would be ideal! If not I'm also looking at darlinghurst, ultimo, paddington etc. I'm very easy going and love chilled film nights as much as heading out for a few drinks in town. Ideally I am looking for a private room but maybe willing to consider a share room if the right one comes along. I am looking to move into somewhere in the middle of September.
I'm quiet, clean, have reglar income and respectful of others.
I am a clean person who respect others privacy I wake up early and sleep early too Spending most of my time between job hunting and study Currently I am studying CPA I will travel from Perth to Sydney next Friday
Hi, Im Rhi, I am a Mortgage Broker based in the city for work, full time. I have a beautiful cat, Bowie he is an indoor only affectionate mummas boy. We are are social, clean (Bow doesn't smell and is house trained as he is and always has been an indoor cat)i love nothing more then chilling after work or over the weekend with cheese and wine or kicking back watching TV. We are looking for either a unit or house we can both Move into. I am your general Aussie Sydney born and raised, thought this is a great way to meet new people! We are a package deal though, so an ideal flatmate would have to love cats or be open to falling In love Bowie as I did. I have my own furniture so I would prefer an unfurnished bedroom and if you needed anything for a place or space I would be happy to bring it along with me if needed. Due to my current house being demolished in early September we are looking to find our new pad sooner rather then later. Looking forward a new adventure, if you have any questions please feel free to contact me. Direct on my mobile is best Cheers! Rhi & Bowie
Im salman, I'm an International student at Macquarie University, studying Accounting and Finance. I'm a Pakistani but brought up in South Africa and Zambia. I'm easy going, social, friendly, non-smoker, no pets and clean person. Length of stay would be long term.
I am from the UK but about to set off on a years' adventure to work and travel around Australia. I have already travelled the East Coast last year and cant wait to get back out there to experience the Aussie way of life, to meet new people and see more of this beautiful country! I work as a sports massage therapist at a chiropractic clinic, once in Sydney I am open to any kind of work :) I'm hardworking & reliable. I make sure I tidy up after myself (definitely not a fan of messy/untidy places) and always have a clean room. I'm very sociable and cant wait meet new people!
Janine and I are two dedicated, professional, young hotel specialists from Germany, who look forward to spending some time away from Europe. In our free-time we love being active, just as much as the occasional "lazy-sunday" and prefer spending our holidays travelling to exotic places like South America and Africa. We will both be working in the CBD, so a place in a central location would be great. Feel free to contact us. We look forward to hearing from you!
I am easy to get on with and always up for fun. with coming to Australia for a year I'm keen to find out what it has to offer. I am also outgoing and punctual. you'll never have to worry about my room being a mess as I find cleaning very theraputic


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ALL >> General >> View Article
Example Of Maid Of Honor Speeches
Total Articles: 271
Wedding speeches are nowadays not just for men. Maids of honor like to say a few words as a way to say a special thank you to the new couple for asking her to play such an important and honorable role on a special day.
Maid of honor speech should be heartfelt with the right amount of sentiment to allow for several wows! The audience would love to hear some humorous stories about the bride or some anecdotes of how you grew up or how you came to know her. This is the time to let the bride know how important she is in your life. Below is an example of maid of honor speeches that will make the wedding a memorable one!
Maid of honor speech
"Good afternoon ladies and gentlemen,
I am Grace, Christine's friend for over 20 years and her maid of honor on this special day.
I am much honored, Christine to be beside you on this, very special occasion.
First and foremost, I wish to extend my heartfelt congratulations to you and your loving husband Andrew. Christine, you are looking absolutely stunning today and Andrew, you look particularly handsome as well.
Christine and I grew up together from childhood and have always enjoyed each others company. Our friendship has taught me that friendship is the most precious relationship apart from family. We have always been supporting each other in every way, through good and bad times; we have always been there for one another. Even though we are now about to go separate ways, I will always be there for you and will never forget you.
I will always cherish the moments we spent together for the rest of my life. It gives me a great pleasure knowing that you have found a true love, Andrew. I can't help but shed tears of happiness for seeing you with Andrew and looking towards a bright future. I will miss you my best friend! You are like a sister to me.
Christine and Andrew, separately, you are two special and remarkable people, but together you are complete. As you sit beside one another through this roller coaster of life. Always remember to scream for the peaks, support each other through dips, laugh through the loop, enjoy every twist and run. For the ride is much better when shared together, being together is the start, staying together is the progress, and working together is success.
My greatest wish for the two of you is that throughout your life, the love you feel for each other will grow and deepen, that whenever you look back on this very wedding day, you will see it as the day you loved each other the least.
Take each day and treasure your marriage, love each other and stay in unity, take time to communicate, put your love and your family first, your jobs and hobbies second. May your love be like a wind , strong enough to eliminate all the troubles, soft enough to never hurt, but always endless!
Maid of Honor Wedding Speeches - Your Complete "How To" Guide
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Manley's Belvidere Ford Lincoln
81 Lifetime Reviews1800 N State St, Belvidere, Illinois 61008 Directions Directions
Is this your dealership?
...and take advantage of all we have to offer with our Certified Dealership Program.
81 Reviews of Manley's Belvidere Ford Lincoln
"The search was on!"- Corybolduc
We had a great experience buying our Lincoln at Manleys, Brett treated us amazingly, and when they didn't have the specific car we wanted, they got one there for us in a few days, good price, good financing and great service, thanks BrettRead More
"good experience"- DJ
I hate going to dealerships but thanks to Brian and Rigo Lopez at Manley Motors it was painless, even enjoyable. After taking delivery of my new truck I needed some repairs on my old truck before I could give it to my daughter. The service department was awesome to deal with, friendly and courteousRead More
"Best Ford dealer around "- dickstrr
The staff at Manleys worked hard for us jumping through hoops as we changed our minds trying to get the right truck. I can't say enough good things about our new F150 and the dealership. If your looking for a new vehicle especially a F150 they have the best selection in the area. So glad we came here!!! We are happy campers 😊!!!Read More
"This placce ripped me off by thousands of dollars."- rubys1234
Horrible customer service and management general sales manager is a joke.The car I bought needed several thousand dollars of work and they said their service dept said it was all good not liars.Read More
"Joe Hamblock is a Great GM."- Letscdoo
Thank you Joe Hamblock and Scott Lewellen for the smooth transaction on our new 2017 Ford Explorer XLT. Also want to thank everyone else that was involved to make our visit very pleasant. My wife and I will recommend Manley motors to everybody that is looking to purchase a new vehicle. Joe Hamblock will do everything in his power to make your transaction to go smoothly . Rob & Cathy FrintRead More
"Great dealership"- DanS
My wife and I have dealt with many auto dealers throughout the years. I would have to say that our experience with Manley's was one our best experiences. They were willing to work with us so we could stay within our budget. Thanks Alyssa.Read More
"Doug and Brian are fantastic!"- lovemylincoln
I recently was looking for a New SUV and met Doug in the parking lot. He took the time to understand my needs and help find just the right vehicle. Brian the Manager introduced himself and worked to get me a great deal I am VERY happy with!Read More
"Excellent Service at Manley's"- thankfulpaul
I urgently needed service on my Ford Escape. I called Manley's Ford-Lincoln in Belvidere, IL. and spoke with Service Advisor Mike Percudani. He immediately diagnosed the problem, scheduled the work, resolved the warranty issue which was complicated and had my car ready for me the next day. I didn't think this kind of service was available anymore. Thank you Mike and the Service Tech for the way you responded when I needed you. Paul KleinRead More
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Join Dr Karl Kruszelnicki, Zan Rowe and their scientific guests, with a bunch of curious triplej listeners for a weekly injection of science, myth-bashing and answers! Thursdays from 11am EST.
September 22nd, 2011
Episode 11 of 198 episodes
Can copper pipes be made hard again after they have been overheated then cooled? Why do new tyres sometimes leave a blue mark on the ground? Do sports compression shorts work?
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Welcome to the Brain Training Podcast, the daily audio workout for your head. In this podcast we have two games for you, each with three rounds which get progressively harder. To enjoy the full experience, relax, and avoid distractions whilst you listen.


text: mr_foo 122 Report post Posted October 5, 2000 Hello, I made a client program and a server program. The server operates on port 4545. I tried the client out with my friend''s server (just a DOS program), and the client can connect, disconnect and transmit data fine. So - i tried connecting to my server and i can connect, but i cannot transfer data. My current program operates like this : CMySocket : public CAsyncSocket; this is just to override the virtual functions like : CMySocket::OnReceive() { char data[5024]; Receive(data,sizeof(data),0); } and then it displays it as a message box, just to avoid any MFC complication between classes at this point. so, my dialog class has a member variable of the CMySocket type, called serv or something. then, on initiation i''d do this : initiation { serv.Create(4545); serv.Bind(4545); serv.Listen(); serv.Accept(); } any help would be appreciated thanx -=brendan=- ------------------------------ Peace, love and Foo 0 Share this post Link to post Share on other sites


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Eating Low Carb or Gluten Free? You can still enjoy a Chili Dog with this Low Carb Chili Dog Bake Recipe! #ad #WeLoveBarSFranks
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Bacon Lip Balm, Bacon Chapstick, Bacon Stuff, Funny Lip Balm, Cool Bacon Stuff at PalmerCash.com I realize everybody loves bacon, but do you really want to be licking it off your lips all day?
Skittles Liquid Lip Smacker Lip Gloss 5 Flavors Lip Smacker http://www.amazon.com/dp/B00D1BTG28/ref=cm_sw_r_pi_dp_N703tb1XH545HWGP
SPAM Lip Glaze that must be really gross but it's funny
Lotta Luv Lip Balm Picnic Pals 2 pc Set Watermelon and Lemon SUPER CUTE
Lotta Luv Wrigley's Flavored Lip Balms, 4 count
cool chapsticks - Google Search


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Posts Tagged 'mlb'
Bend the knee! Squawker Jon has to answer for the Mets in this podcast
Welcome to the second episode of the Subway Squawkers podcast! Listen to me gloat about the Yankees' sweep over the Mets in this year's Subway Series. We also talk about what it's like to sit in a suite at Yankee Stadium, as we did Tuesday night, as well as wonder what the heck is going on with Aroldis Chapman. Click below to hear us! https://thebloguin.files.wordpress.com/2017/08/re428890842ae15361f65745c1a924fc38.mp3
More here:
Bend the knee! Squawker Jon has to answer for the Mets in this podcast
In Appreciation Of Curtis Granderson
When Curtis Granderson signed with the Mets after playing four seasons with the Yankees, he said that "Mets fans were real baseball fans", or so he was told. He was expected to maybe have two good seasons, with the final two being a complete wash. Granderson, to his credit, lasted four years with a fair amount of consistency
Read the article:
In Appreciation Of Curtis Granderson
Parker Bridwell on MLB Network's "MLB Central"
Leading up to yesterday's day game, Parker Bridwell joined MLB Network via Ballpark Cam to discuss the following items with MLB Central's Mark DeRosa, Matt Vasgersian and Hall of Famer John Smoltz : Here's some highlights of the segment with Parker Didwell. On what works for him, Bridwell responded , "Primarily I'd say executing fastball command, being down in the zone early, and when guys are hacking it really works in your favor and helps you be more efficient. If I can get an out in two pitches instead of three then I'm gonna be in good shape and I'm gonna do that every time if I can.
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Parker Bridwell on MLB Network's "MLB Central"
Jose Canseco Calls Out Aaron Judge
Aaron Judge had a first half the likes of which we haven't seen in a while. Since the All-Star break? Not so much
Original post:
Jose Canseco Calls Out Aaron Judge
A Refreshing Revision
Not only did the Mets win a ballgame on Tuesday , but they defeated the Rangers 5-4. It was the first Rangers 5-4 loss I can remember that didn't involve a pulled goalie, Eric Staal on the ice instead of the bench, and Jean-Gabriel Pageau. The Mets desperately needed to play somebody other than the Dodgers
See more here:
A Refreshing Revision
Silly Season
Here's how much I now expect big losses to the Dodgers: Sunday night's loss didn't even get me mad. Justin Turner hits another home run? Fine.
Visit link:
Silly Season
Raise It
Seth Lugo was spectacular against the Dodgers for four and 2/3's innings as he didn't give up a hit in that time. Michael Conforto, Wilmer Flores, and Curtis Granderson hit solo home runs to give the Mets all they would need to make sure that Saturday's game against the Dodgers, who are 135-2 in their last 137 regular season games, wasn't a complete disaster. In a classy move, the Mets marked the accomplishment with a banner
See original article:
Raise It
TODAY IN BASEBALL: August 4
TODAY IN BASEBALL courtesy of National Pastime 1982 – After driving in the winning run in the Mets 7-4 victory over the Cubs, Joel Youngblood, who is traded to the Expos during the game, flies to Philadelphia and singles for Montreal to become the first player to have a hit for two different teams on the same day in different cities. The 30 year-old All-Star collects his two historic hits off two future Hall of Famers, a single off Ferguson Jenkins in Chicago, and gets his other knock off Steve Carlton in the City of Brotherly Love. 1992 – At an auction, actor Charlie Sheen pays $93,500 for the 'Mookie Wilson Ball' which went through Bill Buckner's legs, capping the miraculous Met comeback in the sixth game of the Fall Classic in 1986
Taken from:
TODAY IN BASEBALL: August 4
TODAY IN BASEBALL: August 1
TODAY IN BASEBALL courtesy of National Pastime 1978 – Pete Rose, making the last out when he strikes out on a Gene Garber change-up, goes 0-for-4, ending his 44-game hitting streak, one contest shy of breaking the National League record. The Reds third baseman has tied Willie Keeler's 1897 National League record last night with a hit off future Hall of Famer Phil Niekro. 1982 – Hank Aaron, the holder of the career home run record (755) and RBI record (2,297), Frank Robinson, the first player to win the MVP in both leagues and the first black manager in the majors, Travis Jackson, an outstanding offensive and defensive shortstop for the Giants during the 1920's, and former commissioner Happy Chandler, who provided leadership in breaking baseball's color line, are inducted in the Hall of Fame
Read this article:
TODAY IN BASEBALL: August 1
A Clear Directive
There is always a lot of chatter regarding the baseball draft about drafting for need rather than "best available athlete". The Mets' theme in this trade deadline seems to be trading for need, rather than for best available prospect. I wanted the Mets to bundle their assets and get a prized prospect back.
A Clear Directive


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While wrinkles are essential in making bulldogs adorable and accordions audible, they typically make faces look like trees. Smooth out smiling foliage with today's Groupon to Accolades Salon Spa in St. Paul. Choose from three Botox treatments:
Under the care of resident M.D. Dr. Michael Pane, clients relax wrinkled visages with deft application of Botox at Accolades Salon Spa's cheery facility. Combining 16 years of medical practice in the Twin Cities area with a childhood of being raised by a pack of wild zambonis, Dr. Pane gently flattens facial ridges. Erase crow's feet around the eyes, smooth out worry lines in furrowed foreheads, or restore brows to their former quizzical glory. The noninvasive, semi-permanent Botox injections relieve wrinkles for an average of three to six months. Clients check in at the sleek reception desk and soak in vicarious vitality before treatment from the salon's lively orange walls, painted using more than 1,000 melted NBA basketballs.
Botox may cause serious side effects that can be life threatening, including problems swallowing, speaking, or breathing. Read all safety considerations for Botox here.
CoupFlip is a marketplace for people to buy and sell deals from "daily deal" (also known as "group buying") sites such as Groupon. On CoupFlip you can buy deals you missed, look for interesting deals in your area, or sell any deal you bought and won't use. The purchase is immediate - pick the deal, pay, download the voucher instantly and enjoy. Every voucher is guaranteed to be authentic by CoupFlip. For sellers, we provide the opportunity to sell your unwanted deal immediately without the hassle of listing your voucher and praying someone comes along and decides they feel like buying it.
It is completely free to buy and sell vouchers on CoupFlip!
See our FAQ page!
Daily deals make it possible for you to try something new or indulge in something lavish without the high price tag these things usually come with. If you ever have the need to buy and sell deals at any time, we're here to help. At CoupFlip, there's no need to worry about limited time offers on city deals or the long wait for a buyer.
What makes our listing different is that you can feel free to browse through our selection of vouchers at your leisure and pick the ones that you need. Thinking of going out for a meal or planning a vacation? Use our search bar to find the best deals you might have missed on Groupon.
If you're thinking of a Groupon return because you've changed your mind about a purchase, why not consider selling the voucher through us instead? We'll handle the work of offering your last minute deals to interested buyers.
Buy or sell coupons without any difficulty. Here at CoupFlip, we promise you a convenient way to buy and sell deals at any time.


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Boxing News| Updates| Events| Schedules| Results| Stats and More
Sept. 16 - Boxing Schedule
49-1, 34KOs>> Stats <<
37-0, 33 KOs>> Stats <<
By Thomas Gerbasi - On the verge of competing in his first bout in 20 months this Saturday, Bryant Jennings admits that the time off did him good. Not that he wanted nearly two years off. "I didn't need that a long of a break," he chuckles, days before he faces Daniel Martz on the Terence Crawford vs. Julius Indongo ca.... Full Story
Legacies Remain Pristine Even When Champs Go on Too Long
By Lyle Fitzsimmons - Think about some recent greats in the major sports. Michael Jordan in basketba ... Read More
Conor McGregor's Boxing Skill Still Remains A Mystery
By Corey Erdman - After an hour long media workout and another 22 seconds of sparring footage has be ... Read More
Illusions of Grandeur: Malignaggi, McGregor and Mayweather
By Tris Dixon - IT was author Arthur Koestler who once said that nothing is sadder than the death of ... Read More
How The Art Of Self Promotion For Mayweather-McGregor Is More Important Than Skill
By Andreas Hale - Although the August 26th fight between Floyd Mayweather and Conor McGregor has dra ... Read More
Ellerbe: Nothing Slow About Mayweather-McGregor Ticket Sales
By Keith Idec - Leonard Ellerbe delivered an emphatic message Thursday to doubters that expect Maywe ... Read More
Shinsuke Yamanaka-Luis Nery: Summer's Hidden Gem?
By Cliff Rold - There are plenty of fight fans looking forward to August 15th. There are less of the ... Read More
Eig Discusses The Journey, Motivation For Muhammad Ali: A Life
By Thomas Gerbasi - There are easier assignments than taking on a biography of a man who has probabl ... Read More
Farewell, Klitschko - History's most physically daunting heavyweight
By Lyle Fitzsimmons - Given the sentimentality that retirements can bring, some folks out there may ... Read More
Wladimir Klitschko Gets The Timing Right
By Tris Dixon - THERE was a period when only a connoisseur of this sport would want to watch a Wladi ... Read More
Lomachenko Dominates, Drops, Stops Marriaga in Seven
By Keith Idec - Vasyl Lomachenko demoralized another contender and made him quit Saturday night. Way ... Read More
- Bryant Jenning Embraces Return: It's Definitely Back To Business
- Legacies Remain Pristine Even When Champs Go on Too Long
- Conor McGregor's Boxing Skill Still Remains A Mystery
- Illusions of Grandeur: Malignaggi, McGregor and Mayweather
- How The Art Of Self Promotion For Mayweather-McGregor Is More Important Than Skill
- Ellerbe: Nothing Slow About Mayweather-McGregor Ticket Sales
Breaking News
- Arum: McGregor Can't Fight For Sh*t, He Pushed Malignaggi Down!
- Couture: McGregor, White Are Manipulating Malignaggi Situation!
- Lara vs. Andrade Negotiations To Begin in September?
- McGregor: Malignaggi Was Badly Concussed & He Wanted a Way Out
- Mayweather Explains Saying 'Everything Leans Toward McGregor'
- Mayweather Lashes Out, Tears Apart 'Jealous' De La Hoya
- Video: Al Bernstein on Malignaggi vs. McGregor Sparring
- Video: Shawn Porter Talks McGregor vs. Malignaggi Sparring
- Video: Jeff Mayweather on McGregor vs. Malignaggi Sparring
- Video: McGregor LONG Interview on Mayweather, Malignaggi
- Video: Stitch Duran Discusses Mayweather vs. McGregor
- Video: Mayweather on McGregor-Malignaggi Beef, Training
Press Release
- News: Mason Menard, LaRon Mitchell, Boyd Melson, More
- Miguel Cotto Talks Career, Margarito Revenge, Golden Boy Deal
- Jaron Ennis, Brandun Lee Pick Up Victories in Washington, DC
- News: Glowacki, Masternak, McDonagh, Laviolette, More
- WBA: Jack vs. Cleverly Winner Must Reach Deal With Bivol By 9/11
- Mayweather-McGregor Odds: Floyd is Still a Solid Favorite
- Photos: Alberto Machado, Carlos Morales - Go Face To Face
- Luis Nery Stops Shinsuke Yamanaka in Four To Claim WBC Belt
- Photos: Alberto Machado, Carlos Morales Putting in Work
- Photos: Barrera, Morales Reunite; Hearns at NBHOF Induction
- Francisco Rodriguez Jr. Stops Elias Joaquino in Seven Rounds
- Abner Cotto, Danielito Zorrilla Blast Out Opponents in Caguas
- Luis Nery-Shinsuke Yamanaka: Post-Fight Report Card
- Shinsuke Yamanaka-Luis Nery: Pre-Fight Report Card
- Yamaguchi Falcao Stays Busy at The A La Carte Event Pavilion
- Francisco Rodriguez Jr., Elias Joaquino Collide in Crossroads Bout
- Heading into a Hectic Fall: BScene Pound-for-Pound Update
- LaRon Mitchell Gunning For a Knockout Against Bissett
- Frank Warren: Billy Joe Saunders is Back in Business!
- Daily Bread Mailbag: Mayweather-Broner, Pacquiao-PEDs, More
- Billy Joe Saunders in Top Form, Aims To Make Big Statement
- Daily Bread Mailbag: Broner, Canelo-WBC, Lomachenko, More
- Daily Bread Mailbag: McGregor-Malignaggi, Broner, Golovkin
- Daily Bread Mailbag: Mayweather, WBSS, Judah, Garcia, More
World News
- Crawford Would Favor Keith Thurman to Beat Errol Spence
- Anthony Mundine Very Serious About Rugby League Comeback
- Shane Mosley Retiring From Boxing, No Plans To Fight Again
- Mayweather Sr: Pacquiao Lost Legit, Horn Will Beat Him Worse!
- Malignaggi: McGregor Fans Adorable - Jump on His Every Word!
- Jeff Horn vs. Manny Pacquiao Rematch Inching Closer To a Deal


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ALL >> Computers >> View Article
How To Maintain The Performance Of Computer Devices?
Total Articles: 202
Companies are using high end technologies in performing the work in the offices. It is helpful in performing the work efficiently, accurately, and according to global standard. Computer has become the common devices used in the offices for higher production and quality to compete in the market. A company can't progress at the present rate without using the device available in the market. In fact, computer has become the best digital friend of the companies to carry out the works. All the offices have been computerized and require skilled professionals to perform the work. Thus, people are buying the device and learning in the institute or at home after buying. But, the people need to use the device carefully to avoid accidental problems. Though, the device is advanced but required regular maintenance to improve the performance and perform the work easily. Let us see how to maintain different devices by the users.
The first computer was invented to compute the population. But with the advanced of device in each generation, there is no work which can't be performed by a computer. The work can be performed at an amazing rate and with perfection not possible earlier in the office. Using of device has increased the efficiency of the professionals in the company. This is why the companies or individual are buying the computers from the market to use in personal or official work. Computer repair is required in the device to maintain the performance or to sort out the problems. This repairing service should be done from the certified professionals in the market. The technicians should diagnose the problems in the device before giving the special resolution. In this way, users can get the best service and maintain the performance of the device.
Laptop is a favorite device for professionals and students. This small device is being bought by the people to perform their work easily wherever they go. This is a true friend for long distance traveler to perform the work in distant place. It is small but packed with special applications which are useful in performing numerous functions. Laptop repair is required to maintain the device and resolve the issues immediately. Special repairing service is required in device as even a slight glitch can hamper the work and delays our projects. In this way, the professionals don't have to face lots of problems in work and face the ire of the boss in office.
Apple devices are preferred by the tech-savvy people around the world. The devices are filled with advanced features, application, sleek design, and retina display. It is durable and highly protected from the online threats to perform work with ease without facing any difficulties. This is why the people are buying the device despite being expensive than other brands. Apple Mac repair is required from the certified technicians to sort out the problems quickly. The hardware and software parts are highly advanced and required trained professionals in giving the best resolution. Don't take the device to a local vendor as it can aggravate the problems in a device. Take help of our Apple certified professionals in repairing the device quickly at affordable prices of market.
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Orgone with Lupriphonic
- Categories: Afrobeat, Funk, Soul / R&B
- Event posted: Sept. 12, 2011
- Last updated: Sept. 16, 2014
Event details
- Wednesday, Oct. 26, 2011, 8 p.m.
- The Bottleneck, 737 New Hampshire, Lawrence
- Cost: $9
- Age limit: All ages
Los Angeles based band Orgone is many souls with a cosmic connection, a natural creative force and musicians who have played together for years. They are self schooled and continue to shape their musical voice as a solid unit of guys who hang, spin records and jam out their shared inspirations. With a rooted sense of funk, soul, afrobeat, deep rhythms and an intimate understanding of dj culture as well as each others' individual talents, Orgone seamlessly slides through multiple styles and dynamic performances. The group continuously injects whatever they play with a heavy brand of raw funk power.
At the core of the band is a rhythm section comprised of close friends who have played together for more than 10 years. Having grown artistically as a unit they function as one organic and intuitive whole. The orginal 5-member band started out by putting their own gritty takes on tunes by the likes of the JBs, the Meters, Booker T. and the MGs, Grant Green and Funkadelic among many others. They quickly gained underground respect and die hard fans. With their searing live sets and original instrumentals, Orgone soon released their debut self titled CD, "Orgone," in 2002. The result was a collection of all original down home, transcendental, tough and gritty funk instrumentals.
The band fast grew to include a powerful three-piece horn section and a fiery soul singer who all shared the same spirit and deep reverence for the music that inspired them. Their first recording together, Orgone's cover of "Funky Nassau", became a ubiquitous DJ fave worldwide- first appearing on 7"(Nuff Rope) and then getting a 12" club re-edit by renowned dj Danny Krivit (Nuff Rope). It then appeared on Ubiquity's Rewind Volume 4 comp, which began the band's relationship with the prestigious label.
Gaining worldwide recognition for their raw studio recordings and exciting live sets led to the release of "The Killion Floor" on Ubiquity records- a full length album of hard hitting afro-soul & funk from the 9 piece band. While enjoying comparisons to classic acts like Rufus, War & Mandrill, or modern funk staples like Sharon Jones or Breakestra, they're quick to point out that Orgone is unique.
"We draw from a wide musical and production palette … it's a reflection of the music and production aesthetics that we love."
Orgone backs this up by taking the listener on a musical journey from the sound of Los Angeles to horn and percussion driven Lagos to a New York club and to the raw sounds of New Orleans. The title of the album "The Killion Floor" is derived from the Orgone apartment/studio facility where the majority of the album was recorded. Orgone delivers monster performances on tracks like the Memphis-drenched "Who Knows Who," the laid-back and cosmic "Said and Done," and the apocalyptic sound of "Do Your Thing". The album also features guest appearances by singer Noelle Scaggs (from the Rebirth), trumpeter/arranger Todd Simon (Dapkings, Antibalas, CPK, Breakestra), and guitarist/producer Dan Ubick (CPK/ Lions).
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On Friday (2014-09-26) at about 08:15 Members of RRU Soweto (New Canada) were patrolling at Dube, Orlando West along the rail when they observed a suspect +- 30 years-old who was carrying a military school backpack, he immediately dropped the bag when he saw the police members and darted away to the side of Dube Hostel.
Upon searching the bag the following items were found:
- 9mm Fire-Arm;
- AK 47 Magazines;
- 9MM magazine;
- (61) AK 47 Live Ammunition;
- Motor vehicle number plates;
- Black gloves, a Military school bag and one red cap.
Also view:


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Inspirational Factors -peaceful -welcoming -open -modern with an old twist The idea behind this is creative it's like an iron gate mixed with the garden behind the iron gates.
modern metal garden gate with flying birds for english cottage
Amazing Gates & Railings | James Wilkinson | pinned on Toby Designs
Wrought iron rose gate
Unique garden gate Made using metal pipe, re bar, old fencing, barbed wire, metal table legs, rusty tin cans and vintage.......by Dusty Raven Gallery
Garden gate: posting this because I grew up in my grandfather's wrought iron factory. He would have killed for a commission like this.
"Look deep into nature, and then you will understand everything better." - Albert Einstein
Garden gates have to be functional, but they can also be beautiful and reflect the personality of the owner. http://theownerbuildernetwork.co/g9a2 The good news is that there are now many attractive, commercially produced gates in a significant range of styles and sizes. But, you can't beat individual creativity and the love that's invested in a personalized show-piece :P


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Artistic Arbor Gardens Inc
11316 Highway 67, Lakeside, CA, 92040
1.One Tripp Tree Service
3880 Begonia St
San Diego,CA
13.22 mi
Tree ServiceLandscaping & Lawn ServicesNo Internet Heading AssignedArborists
Visit our website
Great company! Great prices...have used them for years and they always do a wonderful job!
2.Western Tree Service
6549 Mission Gorge Rd
San Diego,CA
6.27 mi
Tree ServiceArboristsLandscaping & Lawn ServicesLandscape Contractors
Visit our website
This is the only Tree Service company I will use in San Diego. I have several rental properties and Western takes care of all of them. I've worked with them for over 12 years and they are always prof
3.Tree Tech
4501 Pavlov Ave
San Diego,CA
9.62 mi
Tree ServiceHorticulture Products & ServicesArboristsLandscape Contractors
Tree Tech; High Quality Ornamental and Structural Pruning -- B.S. Degree, Ornamental Horticulture, Cal Poly -- Over 30 Years Experience -- I.S.A. Certified Arborist #0269 -- CA Contractors Lic. #50902
4.Best Crane Service Inc
5145 Catoctin Dr
San Diego,CA
6.85 mi
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Owner, Pat, is reliable and honest. He ensures efficiency and quality at affordable prices. Best Crane will work with you to problem some with viable options. Definitely the Best!
5.Bill Wilson Tree Service
10948 Elderwood Ln
San Diego,CA
15.10 mi
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6.J. Rojas Tree Services
3511 Luna Ave
San Diego,CA
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Homestead Tree Service Inc.
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- Will not provide you with a certificate of their insurance policy or only has general liability coverage
- Declines to give you a written estimate for the job
- Gives you bids that either seem very low or very high
- Contacted you out of the blue to see if you needed their services
- Has complaints against it from business bureaus in your area
- Asks for payment before starting work
- Doesn't have a fixed physical address


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Quickbooks Self-Employed Review: What You Need to KnowPosted by jondyer under Taxes
From https://dyernews.com 123 days ago
Made Hot by: profmarketing on April 23, 2017 6:40 am
After a turbulent tax time in 2016, Kyle decided to invest in Quickbooks Self-Employed software for himself. Now a year later he offers his review of the service and shares how it helped his save money on his tax bill this time around.
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Dermatologists in Wheatland IA – Find The Best Dermatologist in Iowa
Ailments like acne, blemishes, sunburn, skin cancer, and various problems of skin, nails, hair, and Mucous membranes problems can well be cured by the help of a qualified dermatologist. Dermatology is one of the branches of medical science that enables the researchers to gauge the various causes behind various types of skin, hair, nail diseases and find their medical treatments.On an average a student of dermatology, can identify and prescribe treatment for more than 3,000 different diseases affecting the overall personality of a person. Dermatologists in Wheatland IA have the skills for enhancing the personalities of the people.
Dermatology is a quite remarkable self-control, that includes a whole lot to be located and researched. Cutting side research and design studies while in the market produce innovative procedure methods and solutions for guys and gals. This may be an unlimited pursuit for more recent information which will aid take care of the problems endured by individuals which have issues with skin problems and clinical problems. Evaluation and renovation is amongst one of the strategies a skin specialist has accessibility to in this profession.
A skin care center is a kind of medical care center where specialists called skin doctors give procedures for health conditions having an effect on the hair, nails and skin. Although you may not recognize it, those three parts of your body are very closely related. Conditions affecting one can often impact the various other two.
Skin specialists in Wheatland Iowa can assist with a number of different health conditions. Below's a facing some of things you could go in for – Browse Around Here.
Aesthetic dermatology is an expanding area. Numerous of the minimally invasive procedures done by a surgeon can be performed by a skin doctor. Examples include:.
Liposuction-suction assisted fatty tissue extraction usually executed on the abdominal areas, butts, neck, rear of the arms and other problem areas.
Botox Injections-a remedy mostly for crow's feet and temple wrinkles.
Wrinkle Fillers-these consist of collagen, elastin, hyaluronic acid and synthetic injections to smooth out fine lines or wrinkles.
Laser hair removal-mostly requested by women for extreme hair on the face or other parts of the physical body.
Hair transplantation-a procedure for balding, includes taking out hair follicles from one part of the head and transferring them to fill out bald places.
Tattoo, mark and birthmark removal-all done with laser devices.
Dermatologists in Wheatland IA could likewise prescribe topically applied medication procedures like tretinoin for creases.
Health conditions and Diseases.
There are dozens of diseases and conditions having an effect on the hair, skin and nails. You may seek advice from a skin care center for:.
Eczema-an inflamed skin problem gone along with by itching, soreness and silvery cavity enducing plaque buildups.
Psoriasis-an inflamed problem that could have an effect on the nails or skin-white areas appear beneath the nails, red spots appear on the skin.
Acne-one of the most usual troubles, numerous procedures are available.
Nail fungus-commonly impacts the toenails, creates adjustments in color and thickness-topically used and dental procedures are available.
Hair loss-both males and females may experience hair loss either suddenly or steadily gradually, all instances ought to be evaluated – Additional Hints.One aspect seldom taken into consideration on the topic of dermatology is certainly the ability of this skin specialist to give the individual a lift of self-confidence. Simply considering that we placed a massive amount of emphasis on coming to be fine-looking, numerous of the men and women that endured skin disease think that they actually do not qualify as appealing. Having pimples or other skin concerns could be quite harmful to ones self-worth. Commonly people will be really nervous for their skin issue, and in many cases mull it over when participating in social events. The result could be damaging for the people. So, once the had an effect on person visits a skin doctor they may have very high assumptions to get his/her issues solved. Supporting individuals handle not simply their outside difficulties, however freeing them from the thoughts linked to those troubles is amongst one of the most enjoyable features of dermatology.
Filed under: Dermatologists in Iowa
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Adapted from Jonathan Smith's novel of the same name, Summer In February chronicles a self-destructive love triangle in an artists' colony in the picturesque Cornwall estate of Lamorna.
Joey Carter-Wood (Max Deacon) invites his emotionally fragile sister Florence (Emily Browning) to join him on the coast, where she is welcomed with open arms into a vibrant community headed by equine painter AJ Munnings (Dominic Cooper), impressionist painter Laura Knight (Hattie Morahan) and her husband Harold (Shaun Dingwall).
Florence falls under the spell of Captain Gilbert Evans (Dan Stevens), handsome veteran of the Boer War, and he prepares to go down on bended knee to ask for her hand in marriage.
Even Florence and Joey's demanding father (Nicholas Farrell) is impressed by Gilbert so it is a match made in heaven.
Unexpectedly, AJ sweeps Florence off her feet and makes her his wife.
It is on at the Stephen Joseph Theatre, Scarborough, from Monday July 1 to Thursday July 4, daily at 7.45pm.


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http://www.youtube.com/watch?v=GqIenwmGjKA&list=UUenQstav-UPN87srh6k6zAA Learn from 12 CEOs how to get positioned for wealth and catapult your business to the next level!
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VideoBash is your first and final stop for free funny videos, games and pictures guaranteed to brighten up your day. The funniest jokes and the most unbelievable pranks caught on tape have been collected in one spot for your viewing pleasure. This is entertainment at its best and no one does it better than VideoBash. These funny clips crackle with humor and they will definitely have you laughing till your sides hurt. Quality is our number one priority and the free funny vids here are the best of the best. There are no mediocre videos here. All the videos, jokes, pranks on VideoBash are the cream of the crop and you'll be hooked from the get go. The best part is you don't have to keep all this good stuff to yourself, you can share all the free entertainment videos with your friends.


text: Toggle navigationMp3tunz.orgChartsWorld Top 50RnB Top 30Dance Top 30Latin Top 30Rock Top 30Jazz Top 20Country Top 20LatestArtistsNewsAboutContactDmcaSearch Google+ Twitter Facebook Вконтакте Одноклассники Pinterest Free Download dolly-parton-peace-train mp3Artist info Dolly Rebecca Parton (born January 19, 1946 in Sevierville, Tennessee, U.S.) is an American country singer, songwriter, composer, producer, entrepreneur, author and actress.Parton began performing as a child, singing on local radio and television in East Tennessee... Read moreTags: Dolly Parton - Peace TrainMy favourite song :) Enjoy it :)4:41PlayStopDownloadDolly Parton - Peace Train fea. Ladysmith Black Mambazo (1996)Part of her Hidden Treasures concert, filmed for broadcast by CBS in November, 1996. From her 33rd album, Treasures, which was all covers with tunes by ...4:51PlayStopDownloadDolly Parton - Peace Train (Junior Vasquez Extended Club Mix)from Junior Vasquez Live Vol. 2.9:44PlayStopDownloadDolly Parton - Peace TrainNot the official music video 1996.3:56PlayStopDownloadDolly Parton - Peace Train (Radio Edit) HOUSE4:51PlayStopDownloadDolly Parton - Peace Train (Sparky's Funky Radio Mix)A Dolly classic!4:01PlayStopDownloadPeace Train (live) - Cat StevensSUPPORT: http://www.novaconsciencia.com.br Peace Train Now I've been happy lately, thinking about the good things to come And I believe it could be, ...4:21PlayStopDownloadPeace Train3:54PlayStopDownloadDolly Parton Peace Trainby Cat Stevens Now I've been happy lately, thinking about the good things to come And I believe it could be, something good has begun Oh I've been smiling ...5:02PlayStopDownloadGlen Campbell & Andrae Crouch (1983) ~ "Peace Train" (Cat Stevens)Andrae Crouch on Glen's Music Show in Jan.'83 PLUS Rodney Dangerfield commercial! 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Check out our latest single "Move That Earth" at www.sugarlimeblue.bandcamp.com or visit us on the web at: www.sugarlimeblue.com ...3:51PlayStopDownloadPopUp Chorus sings "Peace Train" by Yusef/Cat StevensRecorded on December 17th 2015 at Motorco in Durham, North Carolina. Each month, PopUp Chorus invites everybody, and their brother/sister, to come out ...3:43PlayStopDownloadRichie Havens - Peace Train(no copyright infringement intended)4:31PlayStopDownload☮Peace Train (with lyrics)Peace Train (with lyrics) performed by Jann Arden. Originally composed by Cat Stevens. Hope you enjoy :-)3:34PlayStopDownloadPeace Train Video11:26PlayStopDownloadPeace Train Dance MixMusic and Video Dance Mix with current news events.6:17PlayStopDownloadPeace Train Cat Stevens 1971 LIVEOne of the original live performances by the now Yusuf Islam who's message still rings so true for peace as a solution to the dangerous path of today's woos.3:56PlayStopDownloadDolly Parton - Peace Train (Junior's Arena Mix)Album: Walking on Sunshine © 2009 Sony Legacy Records -Video Upload powered by https://www.TunesToTube.com.13:46PlayStopDownloadPeace Train - ICP Christmas Concert 2013by Cat Stevens performed by International Choir of Prague.3:02PlayStopDownloadPeace Train - Yusuf Islam - Live at the Market Hall, South AfricaPeace Train performed live at the Market Hall in South Africa. This ProPeace song was played at a special Peace Concert held in Londons Shephards Bush in ...3:48PlayStopDownloadDolly Parton - The Remix 2 (Megamix)A non-stop upbeat dance Megamix of Dolly Parton songs, set to pictures and video clips. Created by Dj Alan T. 12/31/06. Songs include: Peace Train, Baby I'm ...10:47PlayStopDownloadDolly Parton Dance Megamix ( DJ Nolan Remix ) MedleyThis is my Dolly Parton Dance Megamix. It includes dance versions of: 9 to 5 Walking On Sunshine Peace Train Two Doors Down This is my artistic ...15:22PlayStopDownloadDolly Parton - peace train (drum cover) [John TheKelly]Hi friends, I'm back with some new covers, and I hope, that you'll enjoy it :) If you like this, thumbs up, you can follow me on ...3:44PlayStopDownloadYusuf - Peace Train (Nobel Concert)From the 2006 Nobel Peace Prize Concert in Oslo, Norway on Dec 11.5:12PlayStopDownload10000 maniacs (Natalie Merchant) - peace train10000 maniacs Natalie Merchant - peace train .. Natalie Anne O'Shea Merchant (Jamestown, 26 de outubro de 1963) é cantora estadunidense, ex-integrante da ...3:35PlayStopDownload Load MoreSocial Link's Ads Last Downloaded songs Top Downloaded songsHow download ?For download free dolly-parton-peace-train.mp31.Press download button 2.Awaiting downloading finish, 3.And download for free dolly-parton-peace-train.mp3snoop-dogg-bones-soundtrack | ultimate-muscle" tit | �ah-perşembe" title="In | howling-within-temptation-html | zz-top-eliminator-album | ate">ultimate-muscle | r-peter-mcisaac" title="In | future-sound-far-out | 0(LEFT BEHIND) - DAGames" title="Invalid date">FNAF SISTER LOC | walk-off-the-earth-gang-rhythm | alid date">feather-peter-m | lunova-labs-burden | ad | lat-can | beverly-hills-cop-2" tit | id=Buj1EPj3Y3U" role="bu | yoon-yong bin | renee-high | miry-clay | t-bone-follow-t | puff-daddy-tocas-last-night | Eargasm - Effluence EP | Kaleth Morales - Ineditas 2 | you%27re-so-cool | baile-tao | The Followers - | action-theme-chuck | ice-9-joe-satriani | Immense - | renee-high


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In this action for common law malicious prosecution and violations of 42 USC § 1983 premised upon alleged excessive force, false arrest, false imprisonment, and malicious prosecution, defendants move seeking an order granting them summary judgment pursuant to CPLR § 3212
For the reasons that follow hereinafter, defendants' motion is granted and plaintiff's cross-motion is denied.
The instant action is for common law excessive force, false arrest, false imprisonment, malicious prosecution, negligence in the hiring and retention of police officers and for violations of 42 USC § 1983 premised on the foregoing common law causes of action and as aginst the municipal defendant for an injurious custom and practice. Within his complaint, plaintiff alleges that on June 9, 2013, in the vicinity of 178th Street and Webster Avenue, Bronx, NY, he was battered, falsely arrested and imprisoned, and thereafter, maliciously prosecuted by the defendants. Specifically, plaintiff interposes eight causes of action. The first and second causes of action sound in common law excessive force, wherein plaintiff alleges that on the foregoing date, defendants THE CITY OF NEW YORK (the City), POLICE OFFICER JOHN STOLTENBORG OF PATROL BOROUGH BRONX, SHIELD [REDACTED], TAX REG. [REDACTED] (Stoltenborg), and CITY OF NEW YORK SGT. BRIAN CLEMENTS OF PATROL BOROUGH BRONX, SHILED [REDACTED], TAX REG. [REDACTED] (Clements), without consent wrongfully touched, grabbed, handcuffed and seized plaintiff, causing him physical harm and placing plaintiff in imminent fear of physical harm. The third and fourth causes of action sound in common law false arrest and false imprisonment wherein plaintiff alleges that on the foregoing date and time defendants unlawfully arrested, detained, and imprisoned him without legal right or justification. The fifth cause of action sounds in common law malicious prosecution, wherein plaintiff alleges that defendants, maliciously and without probable cause, prosecuted him. The sixth cause of action alleges that defendants violated 42 USC § 1983 insofar as in battering, assaulting, falsely arresting and imprisoning him, and maliciously prosecuting plaintiff, defendants, acting under the color of law, violated the Fourth and Fourteenth Amendments to the United States Constitution. It is also alleged that the acts herein constitute a municipal custom and practice about which the City was aware. The seventh and eighth causes of action sound in negligent hiring, training and retention, wherein plaintiff alleges that the City was negligent in hiring training and retaining Stoletenborg and Clements, police officers employed by the City, and in failing to implement training and policies designed to prevent the acts alleged by plaintiff.
Defendants' motion seeking summary judgment with respect to the remaining causes of action — common law malicious prosecution and violations of 42 USC § 1983 premised on false arrest, false imprisonment, and malicious prosecution — is hereby granted. Significantly, on this record, defendants establish that plaintiff was arrested because there was ample cause to believe — based on complaints made to the police and observations made by Stoltenborg and Clements — that plaintiff violated PL § 265.03(3]) (Criminal Possession of a Weapon in the Second Degree). Thus, the absence of probable cause being an essential element to all the causes of action sought dismissed, defendants' motion must be granted. Based on the foregoing, plaintiff's cross-motion seeking to amend the complaint to amplify his sixth cause of action is denied as moot.
Defendants' Motion for Summary Judgment
Standard of Review
The proponent of a motion for summary judgment carries the initial burden of tendering sufficient admissible evidence to demonstrate the absence of a material issue of fact as a matter of law (Alvarez v Prospect Hospital, 68 N.Y.2d 320, 324 [1986]; Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). Thus, a defendant seeking summary judgment must establish prima facie entitlement to such relief as a matter of law by affirmatively demonstrating, with evidence, the merits of the claim or defense, and not merely by pointing to gaps in plaintiff's proof (Mondello v DiStefano, 16 A.D.3d 637, 638 [2d Dept 2005]; Peskin v New York City Transit Authority, 304 A.D.2d 634, 634 [2d Dept 2003]). There is no requirement that the proof be submitted by affidavit, but rather that all evidence proffered be in admissible form (Muniz v Bacchus, 282 A.D.2d 387, 388 [1st Dept 2001], revd on other grounds Ortiz v City of New York, 67 A.D.3d 21, 25 [1st Dept 2009]).
Once movant meets his initial burden on summary judgment, the burden shifts to the opponent who must then produce sufficient evidence, generally also in admissible form, to establish the existence of a triable issue of fact (Zuckerman at 562). It is worth noting, however, that while the movant's burden to proffer evidence in admissible form is absolute, the opponent's burden is not. As noted by the Court of Appeals,
(Friends of Animals v Associated Fur Manufacturers, Inc., 46 N.Y.2d 1065, 1067-1068 [1979] [internal citations omitted]). Accordingly, generally, if the opponent of a motion for summary judgment seeks to have the court consider inadmissible evidence, he must proffer an excuse for failing to submit evidence in inadmissible form (Johnson v Phillips, 261 A.D.2d 269, 270 [1st Dept 1999]).
Moreover, when deciding a summary judgment motion the role of the Court is to make determinations as to the existence of bonafide issues of fact and not to delve into or resolve issues of credibility. As the Court stated in Knepka v Talman (278 A.D.2d 811, 811 [4th Dept 2000]),
(see also Yaziciyan v Blancato, 267 A.D.2d 152, 152 [1st Dept 1999]; Perez v Bronx Park Associates, 285 A.D.2d 402, 404 [1st Dept 2001]). Accordingly, the Court's function when determining a motion for summary judgment is issue finding not issue determination (Sillman v Twentieth Century Fox Film Corp., 3 N.Y.2d 395, 404 [1957]). Lastly, because summary judgment is such a drastic remedy, it should never be granted when there is any doubt as to the existence of a triable issue of fact (Rotuba Extruders v Ceppos, 46 N.Y.2d 223, 231 [1978]). When the existence of an issue of fact is even debatable, summary judgment should be denied (Stone v Goodson, 8 N.Y.2d 8, 12 [1960]).
False Arrest and False Imprisonment
Defendants' motion seeking summary judgment with respect to plaintiff's claim that defendants violated 42 USC § 1983 because they falsely arrest and falsely imprisoned him is granted. On this record, with respect to the foregoing cause of action, the record establishes that plaintiff was arrested for, inter alia, Criminal Possession of a Weapon in the Second Degree (PL § 265.03) based on detailed complaints by two eye witnesses and observations by Stoltenborg and/or Clements, indicating that plaintiff was in possession of a gun immediately prior to his arrest; which gun was recovered at or near plaintiff. To the extent that the version of the facts alleged by plaintiff might have exonerate him under the doctrine of temporary and lawful possession, such facts did not preclude his arrest.
Whenever an arrest and imprisonment arise without a warrant, the presumption is that such arrest
Probable cause, also defined as reasonable cause, exists
(Smith at 24 [internal quotation marks omitted]). A review of CPL §70.10(2), which defines reasonable cause, evinces that provides that reasonable cause is established not only when there is belief that the arrestee has committed a felony, but when he has committed any offense under our Penal Law. Specifically, CPL § 70.10(2) states that
Accordingly, what is required for an arrest is not "proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been . . . committed" (Jenkins v City of New York, 2 A.D.3d 291, 292 [1st Dept 2003]; People v McRay, 51 N.Y.2d 594, 602 [1980] ["Probable cause requires, not proof beyond a reasonable doubt or evidence sufficient to warrant a conviction, but merely information which would lead a reasonable person who possesses the same expertise as the officer to conclude, under the circumstances, that a crime is being or was committed." (Internal citations omitted)]).
It is exceedingly well settled that
(Minott v City of New York, 203 A.D.2d 265, 267 [2d Dept 1994]; see Mercado v City of New York, 269 A.D.2d 576, 576 [2d Dept 2000]; People v Lacen, 154 A.D.2d 398, 399 [2d Dept 1989]; People v Brown, 146 A.D.2d 793, 793 [2d Dept 1989]; People v Douglas, 138 A.D.2d 731, 732 [2d Dept 1988]; People v Starr, 221 A.D.2d 488, 489 [2d Dept 1995]). Thus,
(People v Nichols, 156 A.D.2d 129, 130 [1st Dept 1989] [internal quotation marks omitted]; see People v Gonzalez, 138 A.D.2d 622, 623 [2d Dept 1988]). Similarly, provided there is some corroborating proof, a witness alleging that a crime was perpetrated against another gives the police sufficient probable cause to arrest the alleged perpetrator assailant (People v Chipp, 75 N.Y.2d 327, 339-340 [1990]; Agront v City of New York, 294 A.D.2d 189, 189-190 [1st Dept 2002]; People v Powell, 234 A.D.2d 397, 398 [2d Dept 1996]).
In Minott, the court granted municipal defendant's motion for summary judgment, thereby dismissing his causes of action for false arrest and false imprisonment finding that the police had ample probable cause to arrest him for forcible rape after "[t]he victim identified the plaintiff by name, physical description, and place of employment, and described, in detail, the events in question" (Minott at 267). Similarly, in Agront, the court granted the municipal defendant's motion for summary judgment, thereby dismissing plaintiff's claims for inter alia, false imprisonment on grounds that the statements of three eyewitnesses accusing plaintiff of a crime gave rise to sufficient probable cause to arrest him (id. at 189-190).
Even when there exists sufficient facts giving rise to probable cause "the failure to make further inquiry when a reasonable person would have done so may" negate the same and makes probable cause an issue of fact rather than one to be decided as a matter of law (Colon v City of New York, 60 N.Y.2d 78, 82 [1983]; Carlton v Nassau County Police Dept., 306 A.D.2d 365, 366 [2d Dept 2003]). In Carlton, for example, the court held that the issue of probable cause could not be decided as a matter of law insofar as the allegations made against the plaintiff — that he left a restaurant without paying his bill — were disputed by the plaintiff such that further inquiry was required before his arrest (id. at 366). Significantly, however, a police officer need not conduct an exhaustive investigation prior to effectuating an arrest for which he has probable cause. Instead, faced with questionable facts on the issue of probable cause, an arresting officer need only
(Sweet v Smith, 42 A.D. 502, 509 [4th Dept 1899]). Thus in Sweet, the obligation to make further inquiry arose because
Where the facts leading up to an arrest are undisputed, the existence of probable cause is an issue of law for the court to decide (Parkin v Cornell University, Inc., 78 N.Y.2d 523, 529 [1991]; Burns v Eben, 40 N.Y. 463, 466 [1869]; Wyllie v District Atty. of County of Kings, 2 A.D.3d 714, 718 [2d Dept 2003]; Brown v City of New York, 92 A.D.2d 15, 17 [1st Dept 1983]; Veras v Truth Verification, 83 A.D.2d 381, 384 [1st Dept 1982], affd 57 N.Y.2d 947 [1982]).
In support of their motion, defendants submit plaintiff's 50 hearing and deposition transcripts, which read together, establish the following: On June 9, 2013, at approximately 1AM, plaintiff was arrested outside premises located in the vicinity of 178th Street and Webster Avenue, Bronx, NY. Plaintiff had arrived at the foregoing location on June 8, 2013 at approximately 8PM with his sister Kaila Gonzalez (Kaila) and other members of his family. Plaintiff was wearing a white short-sleeved T-shirt with pink sleves. The premises housed several ballrooms on the second floor and plaintiff was there to attend a graduation party. Sometime after his arrival, as he stood in the hallway with several friends, someone from a group attending another party bumped into plaintiff. The individual who bumped plaintiff refused to apologize and plaintiff went back inside to the party. Thereafter, the party ended and plaintiff and several friends found themselves in the elevator. Kaila was not on the elevator at this point. While therein, the person who bumped into plaintiff earlier that evening and friends of that individual began to punch one of plaintiff's friends. One of the members of the other group then brandished a handgun. Plaintiff knocked the gun from that person's hand, picked it up from the floor and fearing for his safety, fled. Plaintiff then went down the stairs, holding the gun in his right hand, exited the building, walked 20 feet to a parked car and hid the gun behind one of the wheels. In order to hide the gun, plaintiff crouched down, low to the ground. When he initially exited the building, there were several people outside; some of them engaged in arguments. Plaintiff then went back and attempted to enter the building but couldn't because there were several fights taking place. As he stood outside the building, he felt a blow to his head and was immediately arrested by Stoltenborg, an undercover police officer. Plaintiff was told to get up against a gate, he was searched, handcuffed and then sat down. As this was transpiring, plaintiff noticed he was bleeding from his head. He also saw his sister who was speaking to the police officers on the scene. Plaintiff overheard his sister tell the police that plaintiff had done nothing wrong. Nevertheless, plaintiff was put into an unmarked police car, taken to precinct, finger printed and then taken to the hospital, where he received several staples to his head. Upon his initial arrival at the precinct, plaintiff saw Kaila, and learned that she had told the police the circumstances leading plaintiff to possess the gun. After returning to the precinct from the hospital, plaintiff also gave the police a written statement0 wherein he indicated the circumstances leading him to possess a gun. Plaintiff was nevertheless transported to the courthouse, arraigned and imprisoned until June 11, 2013, when he was released after posting bail. Plaintiff was charged with criminal possession of a weapon, which charge was ultimately dismissed, after an indictment.
Defendants also submit Soltenborg's deposition transcript wherein he testified, in pertinent part, as follows: On June 9, 2013, he was a police officer employed by the City's police department, assigned to the Anti-Crime Unit, and wearing plainclothes. At approximately, 3AM, while in an unmarked police car with his partner Brian Manning, he received a call requesting additional units at 1940 Webster Avenue, Bronx, NY. The call indicated that a large crowd was involved in a fight. Soltenrborg reported there and observed a fight, including an individual attempting to hit another with a Hookah pipe. Upon exiting his vehicle, the crowd scattered and Soltenborg received a call indicating that there was a man with a gun in the immediate area. The description indicated that the man in question was wearing a white T-shirt with pink sleeves. Soletenberg received the same complaint and description from people at the scene, including Esther Batista (Batista) and Emanuel Santana (Santana), a bouncer at the premises, which housed a ballroom. Soltenborg began to canvas the area in search of the person with the gun. About a block away, he saw plaintiff who was wearing a white t-shirt with pink sleeves. Soltenborg identified himself as an officer and asked plaintiff to stop. Soltenborg then noticed that plaintiff was bleeding from his head and asked him to sit. Immediately thereafter, Clements approached Soltenborg, telling him that he had just observed plaintiff crouching near a parked van. Soltenborg search the area near the van and recovered a gun. Plaintiff was arrested and taken back to the precinct. While at the precinct, plaintiff indicated that he had been in possession of the gun recovered by Soltenborg because he found it on the floor inside the ballroom. Plaintiff further stated that he hid the gun because he did not want anyone to get in trouble. Soltenberg spoke to the district attorney, executed the criminal complaint against plaintiff and testified before the grand jury which indicted plaintiff.
Defendants submit Clements' deposition transcript wherein he testified, in pertinent part, as follows: On June 9, 2013, Clements was a sergeant employed by the City's police department. He was assigned to the Patrol Borough Anti-Crime Unit At approximately 2:55AM, while on patrol in an unmarked vehicle, Clements received a call indicating that officers needed assistance at 1940 Webster Avenue. He along with an officer serving as Clements' driver reported to the foregoing location. Upon arrival, he observed a large crowd and an individual atop another. The person on top was stabbing the other. Clements and other officers asked the individuals to stop and they did. Thereafter, Clements was approached by someone indicating that there was a Hispanic man with a gun in the area and that he was wearing a pink shirt. Clements then saw plaintiff, who was wearing a pink shirt. Clements saw plaintiff crouch down near a car, pop back up and walk away towards other officers. Clements approached plaintiff and the officers, one of which was Stoltenborg. Clements told Stoltenborg that he had just seen plaintiff crouch down near a vehicle. Stoltenborg searched the area near the vehicle, recovering a gun. Plaintiff was then arrested.
Defendants submit a host of documents. Specifically, defendants submit a police complaint report indicating that plaintiff was arrested in front of 1940 Webster Avenue, Bronx, NY and charged with Criminal Possession of a Weapon in the Second Degree (PL § 265.03). The report lists Batista and Santana as complaining witnesses, listing their addresses therein. The report also indicates that in connection with the complaint, a 9MM semiautomatic pistol was recovered. Defendants submit an arrest report, which contains much of the information listed in the complaint report. The arrest report, lists Stoltenborg as the arresting officer and indicates that the basis for the arrest is that plaintiff was observed to be in possession of a loaded firearm. Defendants submit the criminal complaint signed by Stoltenborg, which indicates that plaintiff was being charged with, inter alia, violating PL § 265.03 because Celements saw plaintiff in possession of a handgun, which plaintiff, according to Clements, placed on the ground. Lastly, defendants submit an indictment dated October 9, 2013, which indicates that plaintiff was indicted by a grand jury for violating, inter alia, PL 265.03.
Based on the foregoing, defendants establish prima facie entitlement to summary judgment with respect to plaintiff's claim pursuant to 42 USC § 1983, insofar as premised on false arrest and false imprisonment.
Preliminarily, contrary to plaintiffs' assertion, all of the documentary evidence submitted by defendants is — while lacking the proper foundation — nevertheless admissible. As noted above, "[t]o obtain summary judgment it is necessary that the movant establish his cause of action or defense sufficiently to warrant the court as a matter of law in directing summary judgment in his favor, and he must do so by the tender of evidentiary proof in admissible form" (Friends of Animals at 1067-1068 [internal citations omitted]). Here, while the documentary evidence submitted by defendants was exchanged through discovery, this is not a substitute for a proper foundation, the absence of which ordinarily precludes the Court from considering said evidence (Tougher Industries, Inc. v Dormitory Authority of State, 130 A.D.3d 1393, 1396 [3d Dept 2015] ["The mere fact that the email was originally produced by defendant during discovery does not, as plaintiff contends, alter that requirement," namely, that a foundation for the same's admissibility be laid.]).
Here, the records at issue are presumably business records and, thus, can generally be admitted for consideration at trial or on a motion upon a proper foundation — namely, that (1) the record be made in the regular course of business; (2) it is the regular course of business to make said record and; (3) the records were made contemporaneous with the events contained therein (CPLR § 4518; People v Kennedy, 68 N.Y.2d 569, 579 [1986]). Significantly, here, where the documents submitted by defendants are mostly NYPD records, the same could have been admitted in evidence, and a business foundation laid had they simply borne a certification by some one from the NYPD reciting the elements of business records foundation (CPLR § 4518[c]; § 2307). Despite defendants' failure to lay the requisite foundation, the Court — as urged by defendants — nonetheless deems that the records submitted — mostly NYPD records memorializing plaintiffs' arrest — are sufficiently self-authenticating so as to warrant their admission in evidence for purposes of this motion absent the requisite foundation (Kennedy at n 4 ["No contention is made that the diaries are so patently trustworthy as to be self-authenticating, with no need from a qualifying witness."]; Niagara Frontier Tr. Metro Sys. v County of Erie, 212 A.D.2d 1027, 1027-1028 [4th Dept 1995] ["Supreme Court erred by refusing to consider, on Metro's motion for summary judgment, the financial statement of the Niagara Frontier Transportation Authority (NFTA), of which Metro is a subsidiary. The financial statement, introduced through the affidavit of Metro's chief financial officer, is a business record and so clearly so that it can be deemed self-authenticating. Moreover, defendant did not object to the court's consideration of the financial statement, but likewise relied upon it in support of its argument" (internal citations omitted).]). To be sure, virtually all the records submitted bear official NYPD insignias and indeed detail the facts underlying plaintiffs' arrest. Thus, there can be no doubt that these are official NYPD records, which are business records, and which are clearly self-authenticating
Substantively, defendants establish prima facie entitlement to summary judgment with respect to the false arrest and false imprisonment claims insofar as the evidence tendered establishes that plaintiff was arrested based on ample probable cause. Specifically he was arrested because he was observed by two witnesses with a gun and by a police officer who saw him deposit something under a car — that something, turning out to be a gun.
As discussed, above, whenever an arrest and imprisonment arises without a warrant, the presumption is that such arrest and imprisonment were unlawful (Smith at 23). Accordingly, when confronted with such a claim and concomitant proof, a defendant can nevertheless prevail if he proves legal justification for the arrest and imprisonment, which "may be established by showing that the arrest was based on probable cause" (Broughton at 458; Martinez at 85; Rivera at 1033). Probable cause exists when "an officer, in good faith, believes that a person is guilty of a felony, and his belief rests on such grounds as would induce an ordinarily prudent and cautious man, under the circumstances, to believe likewise (Smith at 24 [internal quotation marks omitted]). Stated differently, probable cause exist when there is reasonable cause to believe that a person committed an offense under the penal law, meaning
(CPL § 70.10[2]). Additionally, it is well settled that information provided by an identified citizen accusing another individual of the commission of a specific crime is sufficient to provide the police with probable cause to arrest (Minott at 267; see Mercado at 576; Lacen at 399; Brown at 793; Douglas at 732; Starr at 489). Evidence of a subsequent arraignment or indictment is, in fact, proof of the presence of probable cause at the time of the arrest (Broughton at 457; Hernandez at 433-434)
Here, read together, the testimony proffered in support of this motion makes it clear that plaintiff was arrested because, while wearing a white shirt with pink sleeves, he was observed carrying a loaded handgun at or near the 178th Street and Webster Avenue and because thereafter he was observed concealing that gun under a parked car. To be sure, plaintiff testified that he exited a premises at or near the foregoing location carrying a handgun. Upon exiting, he noticed several people outside the premises and proceeded to walk several feet while carrying the handgun. Thereafter, plaintiff crouched down to the ground near a vehicle, hiding the handgun behind a tire. Immediately thereafter, he was approached by the police, asked to sit, and arrested. Plaintiff's testimony was corroborated by Stoltenborg, who testified that he arrested plaintiff upon receiving a call and two eyewitness complaints about a man wearing plaintiff's who was carrying a gun in the area of the instant premises and because he recovered a gun from at or near a car which Clements indicated he had seen plaintiff crouching. Clements also corroborated plaintiff's testimony in that he testified that when he reported to the location herein, he was told that there was a Hispanic man with a gun in the area and that he was wearing a pink shirt. Clements then saw plaintiff, wearing a pink shirt, saw plaintiff crouch down near a car, pop back, up and walk away towards other officers. Clements testified that he conveyed the foregoing to Stoltenborg.
Since a person violates PL § 265.03(1)(b) when he "possesses a loaded firearm," the foregoing testimony establishes a violation of the foregoing statute and thus, ample probable cause for plaintiff's arrest. Significantly, here, all the testimony described above establishes that at the time of the arrest, the police knew that plaintiff had been in possession of a handgun, which turned out not to be his or one he could legally possess. To be sure, Stoltenborg arrested plaintiff based on the description provided to him by Batista and Santana, identifiable complainant eyewitnesses, both of whom described a man with a gun wearing a shirt matching plaintiff's and because Clements — a fellow police officer — saw plaintiff crouching at the location from which Stoltenborg then recovered a gun. Thus, Stoltenborg had reason to believe that plaintiff was guilty of a felony, [namely a violation of PL § 265.03,] and his belief rest[ed] on such grounds as would induce an ordinarily prudent and cautious man, under the circumstances, to believe likewise (Smith at 24). In addition, to the foregoing, plaintiff was thereafter indicted and, standing alone, the foregoing indictment by a grand jury on October 9, 2013 for the crime for which he was arrested establishes probable cause for arrest and is, thus, sufficient to meet defendants' burden on this motion (Broughton at 457; Hernandez at 433-434).
Nothing submitted by plaintiff raises an issue of fact sufficient to preclude summary judgment. Saliently, plaintiff contends that he should not have been arrested because he testified that he came to possess the instant gun under circumstances entitling him to exoneration under the doctrine of temporary and lawful possession. Plaintiff contends that because Stoltenborg, at the scene and before plaintiff's arrest, was apprised by Kaila — plaintiff's sister — about facts falling within the ambit of temporary and lawful possession
As noted by plaintiff, when there exist sufficient facts giving rise to probable cause "the failure to make further inquiry when a reasonable person would have done so may" negate making probable cause an issue of fact rather than one to be decided as a matter of law (Colon at 82; Carlton at 366). This, however, does not mean that a police officer is required to engage in a pre-arrest investigation. Indeed, "the police are not obligated to pursue every lead that may yield evidence beneficial to the accused, even though they ha[ve] knowledge of the lead and the capacity to investigate it" (Gisondi v Town of Harrison, 72 N.Y.2d 280, 285 [1988]). Instead, faced with questionable facts on the issue of probable cause, an arresting officer need only
(Sweet at 509). Stated diffrently
(McRay at 602 [internal citations omitted]).
Here, where plaintiff was arrested upon the identification of two eyewitness and the observations of two police officers, and upon the arrest yielded a weapon which plaintiff concedes he possessed and immediately prior to his arrest, probable cause to arrest was extant. Thus, defendants had reasonable cause to believe that plaintiff committed a crime and there was no question that the facts known to Stoltenborg at the time he arrested plaintiff were tantamount to a violation every element of the crime charged. On this record, then, at the time of plaintiff's arrest, there was no doubt that a crime had been committed and that plaintiff — identified by two witnesses and because portions of the crime was witnessed by an officer (Clements) — had committed said crime. Here, then, there were no facts requiring defendants to make a further inquiry. To be sure, unlike the plaintiff in Sweet, here, plaintiff was not arrested solely on hearsay nor could — contrary to plaintiff's assertion — the truth of the excuse proffered by Kaila be easily tested (id. at 509). Thus, probable cause to arrest has been established as a matter of law.
Significantly, what plaintiff urges is that defendants should have undertaken a pre-arrest investigation, which would have yielded plaintiff's entitlement to the defense of temporary lawful possession of a handgun such that he never would have been arrested. Plaintiff, thus, urges the Court to cast the defendants in the role of the prosecutor, the Court, and perhaps the jury. This of course, is contrary to well settled law. Simply put, plaintiff urges that the Court find that defendants' failure to credit information provided by a family member (Kaila) about the existence of a defense or to interview witnesses at the scene to ascertain the applicability of such defense — not the absence of any element of the crime charged — raises an issue as of fact with respect to probable cause. Again, "the police are not obligated to pursue every lead that may yield evidence beneficial to the accused, even though they ha[ve] knowledge of the lead and the capacity to investigate it" (Gisondi at 285 [1988]). Indeed the onus urged by plaintiff would impermissibly expand the duty imposed upon police officers requiring them to act as investigators and lawyers and make on the scene determinations about meritorious legal defenses. Taken to its logical conclusion, plaintiff's assertion would require that a police officer at the scene of a shooting conduct a pre-arrest investigation, determine if the suspect is entitled to justification defense, test the veracity of witnesses, and refuse to arrest a suspect despite clear evidence that the suspect shot someone. Clearly, this is not what the law requires and, thus, defendants' motion for summary judgment with respect to the claims of false arrest and false imprisonment is granted.
Malicious Prosecution
Defendants' motion seeking summary judgment with respect to plaintiff's claim for malicious prosecution is hereby granted insofar as defendants establish the existence of probable cause for the arrest and, therefore, the subsequent prosecution.
The tort of malicious prosecution
The essence of a cause of action for malicious prosecution is the perversion of proper legal procedures (Broughton at 457; Boose v City of Rochester, 71 A.D.2d 59, 65 [4th Dept 1979]). As such, a prior judicial proceeding is the sine qua non, of such cause of action (id. at 65). Simply stated, then, a cause of action for malicious prosecution is one where it is alleged that a legal proceeding was maliciously initiated "without probable cause for doing so which finally ends in failure" (Curiano at 118). The elements of the cause of action for malicious prosecution stemming from a prior criminal proceeding, all of which are required for recovery, are (1) the commencement or continuation of a prior criminal proceeding by the defendant; (2) the termination of the prior proceeding in favor of the plaintiff; (3) the absence of probable cause for the initiation of the prior criminal proceeding; and (4) actual malice (Cantalino v Danner, 96 N.Y.2d 391, 394 [2001]; Smith-Hunter at 195; Colon v City of New York, 60 N.Y.2d 78, 82 [1983]; Martin v City of Albany, 42 N.Y.2d 13, 16 [1977]; Broughton at 457; Heany v Purdy, 29 N.Y.2d 157, 159-160 [1971]). Actual malice can be inferred by the absence of probable cause to effectuate an arrest or by conduct that is reckless or grossly negligent (Fortunato v City of New York, 63 A.D.3d 880, 881 [2d Dept 2009]). Probable cause for the prosecution can be presumed if a criminal defendant is indicted by the grand jury, such presumption can be overcome, however, if "the conduct of the police deviated so egregiously from acceptable police activity as to demonstrate an intentional or reckless disregard for proper procedures" (Haynes v City of New York, 29 A.D.3d 521, 523 [2d Dept 2006]). The elements for a malicious prosecution cause of action based upon a prior civil action are identical except, that in addition to the foregoing, it must be proven that plaintiff sustained special damage or injury (The Purdue Frederick Company v Steadfast Insurance Company, 40 A.D.3d 285, 286 [1st Dept 2007]; Wilhelmina Models, Inc. v Fleischer, 19 A.D.3d 267, 269 [1st Dept 2005]; Honzawa v Honzawa, 268 A.D.2d 327, 329 [1st Dept 2000]. Generally, special damages mean that the prior action interfered with a plaintiff's person or property (Williams v Williams, 23 N.Y.2d 592, 604 [1969]; The Purdue Frederick Company at 286; Wilhelmina Models, Inc. at 269; Honzawa at 329) or proof of "concrete harm that is considerably more cumbersome than the physical, psychological or financial demands of defending a lawsuit" (Engel v CBS, Inc., 93 N.Y.2d 195, 205 [1999]).
Whether an action is terminated favorably so as to give rise to a cause of action for malicious prosecution depends on how the action was terminated. In Levy's Store, Inc. v Endicott-Johnson Corporation (272 N.Y. 155 [1936]), the court confronted with this very issue stated
(id. at 162; see also, Loeb v Teitelbaum, 77 A.D.2d 92, 100 [2d Dept. 1980]). Thus, a favorable termination on the merits and in favor of the accused or defendant in the prior action — since it implies lack of probable cause — satisfies the element of favorable termination in a cause of action for malicious prosecution, while a termination chargeable to the plaintiff or complainant in the prior action, such as settlement, withdrawal or discontinuance, does not (Levy's Store, Inc. at 162; Loeb at 100). In Pagliarulo v Pagliarulo (30 A.D.2d 840, 840 [2d Dept 1968]), the court held defendant's agreement to discontinue a prior action served to bar plaintiff's action for malicious prosecution insofar as discontinuance of the prior action against the plaintiff was not a favorable termination.
For purposes of malicious prosecution, probable cause means facts and circumstances which would lead a reasonably prudent person, in similar circumstances, to conclude that plaintiff was guilty of the acts alleged (Colon v. City of New York, 60 N.Y.2d 78, 82 [1983]; Munoz v City of New York, 18 N.Y.2d 6, 10 [1966]; Fink v Shawangunk Conservatory, Inc., 15 A.D.3d 754, 755 [3d Dept 2005]; Boose at 67). Whether there is probable cause to initiate a prosecution hinges on whether defendant's conduct at the time he/she commenced the prior proceeding would have led a reasonably prudent person to initiate the prior proceeding (Levy's Store, Inc. at 161; Loeb at 102; Kezer v Dwelle-Kaiser Company, 222 A.D. 350, 354 [4th Dept 1927]). When the facts regarding the existence of probable cause and the inferences to be drawn therefrom are undisputed, the existence of probable cause can be decided as a matter of law (Parkin v Cornell University, Inc., 78 N.Y.2d 523, 528-529 [1991]; Lundgren v Margini, 30 A.D.3d 476, 477 [2d Dept 2006]).
Here, as discussed above, defendants evidence establishes that there was ample probable cause to arrest plaintiffs for violating PL § 265.03 in that he possessed a firearm. Accordingly, since absence probable cause is essential to a claim of malicious prosecution (Cantalino at 394; Smith-Hunter at 195; Colon at 82; Martin at 16; Broughton at 457; Heany at 159-160), its existence precludes such claim. Since, here, probable cause exists as a matter of law, plaintiff cannot establish its absence and, therefore, cannot establish an essential element to that cause of action. Defendants, therefore, establish prima facie entitlement to summary judgment and, nothing submitted by plaintiff in opposition raises a question of fact sufficient to preclude summary judgment.
Plaintiff's Cross-Motion to Amend Complaint
Because defendant has not moved to dismiss the only remaining cause of action — excessive force under 42 USC § 1983 against Stoltenborg and Clements — for failing to state a cause of action, plaintiff's cross-motion to amend his complaint to amplify his sixth cause of action, wherein he pleads the same, is denied as moot. Clearly, defendants have conceded to the sufficiency of the pleadings as it relates to the remaining cause of action thereby obviating amplification of the same. It is hereby
This constitutes this Court's decision and Order.


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Box office report: Action Jackson takes a good start
Today's big release, Action Jackson opened to an average occupancy of 50%, which in fact is not bad given the flop weekends November witnessed with films like Kill/Dil, Happy Ending and Ungli. According to early reports, the film is getting a better response in the single screen circuit as compared to the multiplexes. And from the looks of the first day occupancy, Action Jackson will be able to collect Rs. 10 crore approximately today. Even though it did not open to mind-boggling numbers, the fact that it has no big competition, the weekend looks good for this mass entertainer.
Check this space for more updates…
Source: FilmFare