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Shivers v. City Smiles Dental
Citation: 2023 NY Slip Op 01768Docket: Index No. 24351/18E Appeal No. 17584 Case No. 2022-00501
Court: Appellate Division of the Supreme Court of the State of New York; April 4, 2023; New York; State Appellate Court
Original Court Document: View Document
In *Shivers v. City Smiles Dental*, the Appellate Division of the First Department reviewed a decision from the Supreme Court of Bronx County, which denied summary judgment motions from defendants Riverbay Corporation and City Smiles Dental. The appeal primarily addressed causes of action under 42 USC § 1983 for alleged constitutional violations related to illegal detention. The court upheld the denial of Riverbay's motion regarding Shivers' § 1983 claim, finding that there were factual disputes over whether Riverbay's armed peace officers acted under color of state law and whether Shivers was detained without probable cause. It was determined that there was conflicting evidence surrounding the circumstances of her detention that warranted further examination. Conversely, the court modified the lower court's order to dismiss the common-law indemnity cross claims from both Riverbay and City Smiles, as well as Riverbay's contractual indemnity claim against City Smiles. The court noted that Riverbay failed to provide evidence of a contract to support its indemnity claims and clarified that common-law indemnification requires a finding of vicarious liability, which was not applicable in this case due to a lack of established negligence. The decision emphasized that the remaining arguments from both parties were found to be without merit. The order was entered on April 4, 2023, affirming certain aspects while reversing others related to indemnity claims.