Shopland v. County of Onondaga

Order unanimously modified on the law without costs and as modified affirmed, in accordance with the following memorandum: Special Term erred in denying defendant Walker’s motion for summary judgment on the malicious *942prosecution cause of action. It is well established that an indictment by a Grand Jury creates a presumption of probable cause (Colon v City of New York, 60 NY2d 78, 82; Lee v City of Mount Vernon, 49 NY2d 1041; Landsman v Moss, 133 AD2d 359, 360; Malte v State of New York, 125 AD2d 958, 960, Iv denied 69 NY2d 607; Boose v City of Rochester, 71 AD2d 59, 69). The presumption of…