Web Management LLC v. Sphere Drake Insurance

Order, Supreme Court, New York County (Ira Gammerman, J.), entered February 13, 2002, which granted defendants’ motion to dismiss plaintiff’s complaint for malicious prosecution pursuant to CPLR 3211 (a) (7), unanimously affirmed, with costs.

Plaintiff’s allegation that the underlying action brought against it by defendants was dismissed by the Southern District Court pursuant to Federal Rules of Civil Procedure rules 9 (b) and 12 (b) (6) (Odyssey Re [London] Ltd. v Stirling Cooke Brown Holdings Ltd., 85 F Supp 2d 282, affd 2 Fed Appx 109) was properly held insufficient to plead that the…