Urbank v. Big Scott Stores Corp.

— Appeals from so much of an order of the Supreme Court at Special Term (Williams, J.), entered January 5, 1982 in Ulster County, as denied defendant’s and third-party defendant’s motions for summary judgment dismissing plaintiffs’ cause of action for malicious prosecution. On October 1,1976, plaintiff Richard A. Urbank allegedly made a purchase at the Big Scott Store using a Bankamericard credit card bearing the name James F. Steipp. Upon inquiry from the store manager, the salesman, Stewart Sparling, Jr., recalled the transaction and was able to identify plaintiff as the purchaser.…