Order affirmed, with $10 costs and disbursements, with leave to appellant, if he be so advised, to serve an amended complaint within ten days after the entry of the order hereon.
The complaint does not state a cause of action for malicious prosecution, since no judicial proceeding is alleged to have been instituted. (Barry v. Third Ave. R. R. Co., 51 App. Div. 385; Al Raschid v. News Syndicate Co., 265 N.Y. 1; Halberstadt v. New York Life Ins. Co...
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