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MORANT v. CITY OF NEW YORK

Nos. 7653, 105532/98.

95 A.D.3d 612 (2012)

944 N.Y.S.2d 115

2012 NY Slip Op 3773

JOHN MORANT, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 15, 2012.

"The elements of an action for malicious prosecution are (1) the initiation of a proceeding, (2) its termination favorably to plaintiff, (3) lack of probable cause, and (4) malice" (Colon v City of New York, 60 N.Y.2d 78, 82 [1983]). The existence of probable cause constitutes a complete defense to a claim of malicious prosecution (see Lawson v City of New York,

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