Plaintiff commenced this action for malicious prosecution against Nelson Freightways, Inc., his former employer, and Kenneth MacGilfrey, who was manager of Nelson's business operation in the Town of Colonie at the time of the alleged tort. According to the complaint, on January 25, 1973 MacGilfrey, in conspiracy with and as an agent for Nelson, maliciously and without probable cause swore to a criminal information charging plaintiff with the theft of a hydraulic jack belonging...
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