Morant v. City of New York

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered September 27, 2010, which, in this action alleging malicious prosecution, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

“The elements of an action for malicious prosecution are (1) the initiation of a proceeding, (2) its termination favorably to *613plaintiff, (3) lack of probable cause, and (4) malice” (Colon v City of New York, 60 NY2d 78, 82 [1983]). The existence of probable cause constitutes a complete defense to a claim of malicious prosecution (see Lawson v…