In Rivera v. City of New York, 40 A.D.3d 334, 337, 836 N.Y.S.2d 108 (1st Dep't 2007), the court noted that "the police engaged in reasonable efforts to induce the protesting plaintiffs to clear the boardwalk, initially approaching them only at a time when the boardwalk became crowded and asked them to stop . . . and leave." Id.

However, "plaintiffs admited they refused to leave, argued with the police, . . . remained and in fact, . . . resisted the police who only then tried to take them into custody." Id.

Although, here, the plaintiff did cooperate with the police, sufficient probable cause existed to arrest him for disorderly conduct due to the fact that he was yelling on the sidewalk and irritating the emotionally disturbed person (EDP).

"Any rational person . . . would find the police more than justified in their concern that this episode might escalate into violence. They thus appropriately tried to quell a quickly unfolding, potentially explosive situation." Id. at 339-40.

As a result, there is no proof that the defendant officers acted with malice in arresting plaintiff in order to maintain public safety on a crowded walkway. Id. at 340.