Hicks v. City of Buffalo

—Appeal from a judgment of Supreme Court, Erie County (Michalek, J.), entered August 29, 2000, upon a jury verdict in favor of defendants.

It is hereby ordered that the judgment so appealed from and the order granted August 23, 2000 be and the same hereby are unanimously modified on the law by granting in part the post-*881trial motion of plaintiff Rogers Hicks and setting aside the verdict with respect to the cause of action for malicious prosecution based upon the second prosecution of plaintiff Rogers Hicks and as modified the judgment is affirmed without costs and a new trial is granted on the…