Chapo v. Premier Liquor Corp.

Order unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Plaintiff commenced this action alleging malicious prosecution, false arrest/false imprisonment, abuse of process, and defamation, arising out of plaintiffs issuing two checks to defendant while there were insufficient funds in plaintiffs account. Notwithstanding a demand by defendant that plaintiff make restitution plus payment for the cost of protest and a service charge, plaintiff failed to make restitution. Defendant filed two reports with the Town of Tonawanda Justice Department, one for…