Gilleran v. Town of Yorktown

In an action to recover damages for malicious prosecution, the plaintiff appeals from an order of the Supreme Court, Westchester County (Burrows, J.), dated November 17, 1992, which granted the defendants’ motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is reversed, with costs, the defendants’ motion is denied, and the complaint is reinstated.

This action to recover damages for malicious prosecution arises from the prosecution of Sean Gilleran, the plaintiffs’ minor son, for the crimes of criminal mischief in the third degree and criminal mischief…