Kochis v. Revco Pharmacy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, in effect, to recover damages for malicious prosecution, the defendants appeal from an order of the Supreme Court, Dutchess County (Pagones, J.), dated August 7, 2003, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court improperly denied the defendants’ motion for summary judgment dismissing the complaint. To maintain an action to recover damages for malicious prosecution, a plaintiff must establish: (1) the commencement or…
2Cases cited7 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Colon v. City of New YorkNew York Court of Appeals · 1983
- Martinez v. City of SchenectadyNew York Court of Appeals · 2001
- Du Chateau v. Metro-North Commuter RailroadAppellate Division of the Supreme Court of the State of New York · 1999
- DiMauro v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by6 opinions
- Heib v. LehrkampSouth Dakota Supreme Court · 2005
- Baker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Grucci v. GrucciAppellate Division of the Supreme Court of the State of New York · 2011
- Heib v. LehrkampSouth Dakota Supreme Court · 2005
- Murray v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
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