Shales v. City of Rochester

OPINION OF THE COURT

Francis A. Affronti, J.

Defendant, City of Rochester, by notice of motion dated December 17, 1990, seeks summary judgment, dismissing a malicious prosecution action commenced by a former city *705police officer. Defendant’s motion is premised upon the filing of a criminal indictment, which it contends, as a matter of law, established probable cause for plaintiff’s prosecution. Therefore, the sole issue confronting this court is whether sufficient facts have been raised to overcome the presumption of probable cause afforded by the indictment.

This motion incorporates several…