Papp v. Moutsinas

—Appeal from an order of the Supreme Court (Cobb, J.), entered March 2, 1992 in Greene County, which denied defendant’s motion for a change of venue.

A pivotal issue in plaintiffs malicious prosecution action, originally venued in Schenectady County, is whether defendant had probable cause to file a complaint charging plaintiff with harassment and criminal mischief (see, Colon v City of New York, 60 NY2d 78, 82). This issue in turn, at least as to the criminal mischief charge, requires consideration of the property line between the property of defendant and that of plaintiff’s stepmother. The…