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Barrett v. Watkins | 82 A.D.3d 1569 (2011)
What must a plaintiff prove in order to establish false imprisonment? The court considered that question in Barrett versus Watkins.
Robert Barrett and friends drove to a remote public recreation area. When they tried to leave, they found the access road blocked by an unoccupied truck. Barrett honked the horn and waited. About fifteen minutes later, Wade Ebert appeared but refused to move the truck. Ebert then called Steven Dubrovsky, whose company, Woodstone Lakes Development, owned the land next to the rec area. Dubrovsky arrived forty minutes later, told Barrett and his friends they didn’t belong there, then drove away with Ebert, leaving Barrett stranded. Barrett called the police, who eventually arrived with Dubrovsky and ordered that he move the truck. No one was charged or ticketed.
A few weeks later, Barrett and his friends allegedly trespassed on another Woodstone Lakes property. Michael Watkins, a contractor working there, witnessed this and told Dubrovsky. Dubrovsky had Barrett charged with criminal trespass, but the case was eventually dismissed for lack of evidence. After that, Barrett sued Dubrovsky, Ebert, Watkins, and others for unlawful imprisonment. The trial court, known in New York State as the Supreme Court, granted summary judgments to Dubrovsky and all the defendants. Barrett appealed to the Appellate Division.
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