Thyroff v. Nationwide Mutual Insurance

*1434Memorandum: Plaintiffs commenced this action (second action) in Supreme Court for conspiracy and malicious prosecution relating to a counterclaim asserted by defendant Nationwide Mutual Insurance Company (Nationwide) in an action previously commenced by plaintiffs in federal court (first action) after Nationwide terminated its employment agreement' with plaintiff Louis E. Thyroff (plaintiff husband). The course of the litigation in the first action is set forth in the decision of the Second Circuit Court of Appeals (Thyroff v Nationwide Mut. Ins. Co., 493 F3d 109 [2007]), and is not relevant…