Smith-Hunter v. Harvey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*240OPINION OF THE COURT
Mercure, J.
Following a February 21, 1996 altercation between plaintiff and defendant Jonathan Harvey at the law offices of defendant Harvey and Harvey, Harvey & Mumford, Jonathan Harvey had plaintiff charged in Albany City Court with tréspass, a violation (see, Penal Law § 140.05). City Court ultimately dismissed the charge on statutory speedy trial grounds (see, CPL 30.30). Plaintiff then commenced this malicious prosecution action. Following joinder of issue, defendants moved for summary judgment dismissing the complaint upon the ground that the underlying criminal…
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