Bayat v. Azaz

In an action to recover damages for malicious prosecution, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Burke, J.), entered January 8, 2004, as, upon reargument, adhered to its determination in an order dated November 24, 2003, granting the defendants’ prior motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

To maintain a cause of action to recover damages for malicious prosecution, a plaintiff must…