Probber v. Yousef

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered October 2, 2002, which, in an action for malicious prosecution, granted defendant’s motion to dismiss the complaint on the basis of documentary evidence, unanimously affirmed, without costs.

The motion court correctly determined that Criminal Court did not vacate the adjournment in contemplation of dismissal (ACD) agreed to by plaintiff and the People in the underlying criminal action, and then dismiss that action because the People did not want to prosecute. Plaintiff did not contest the ACD for 5½ months. Then, only two…