Perryman v. Village of Saranac Lake
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from that part of an order of the Supreme Court (Dawson, J.), entered October 2, 2006 in Essex County, which denied certain defendants’ motion for summary judgment dismissing plaintiffs malicious prosecution claims.
The primary issue on this appeal is whether a defendant seeking dismissal of a malicious prosecution cause of action arising out of a prior civil proceeding must establish that each claim in the prior proceeding was supported by probable cause. We conclude that such a showing is unnecessary. Rather, as explained below, a defendant may meet its burden with respect to that…
2Cases cited12 opinions
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