Brown v. Town of Henrietta

OPINION OF THE COURT

Peter E. Corning, J.

This is an application to reargue a motion for summary judgment for dismissal of plaintiff’s cause of action for malicious prosecution.

A motion for summary judgment was previously argued before this court at Special Term in Rochester, New York, on November 24, 1982 at which time the court denied the defendant’s motion for dismissal of the cause of action for malicious prosecution ruling from the Bench that a dismissal in the furtherance of justice was, or could have been, a termination in favor of the plaintiff. Because of the lack of precedents in…