Albee v. Schoene

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defendants’ motion for summary judgment dismissing the amended complaint. Plaintiff commenced this action to recover damages for false arrest and malicious prosecution. The underlying criminal prosecution, which culminated in a verdict of not guilty after a bench trial in Buffalo City Court, arose *969from a complaint lodged by defendant Louise Schoene alleging that plaintiff stole various items of office equipment belonging to defendant Gary Schoene. In dismissing'the civil complaint, the court properly determined…