EVERSON v. FIRST TRUST & DEPOSIT CO.


46 A.D.2d 722 (1974)

Congetta Everson, Respondent, v. First Trust & Deposit Co., Appellant, and Fays Drug Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 24, 1974


Order unanimously reversed, with costs, and defendant's motion for summary judgment against plaintiff and codefendant Fays Drug Co., Inc., granted.

Memorandum:

Plaintiff alleged in her complaint that on January 27, 1972 an employee of Fays Drug charged her before a Justice of the Peace with unlawfully using a credit card in violation of section 165.17 of the Penal Law, and that it and First Trust without probable cause and with malice prosecuted her on such...

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