CHMIELEWSKI v. SMITH


73 A.D.2d 1053 (1980)

Charles Chmielewski, Appellant, v. Denise R. Smith, Also Known as Denise R. Stone, Respondent

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

January 24, 1980


Order unanimously reversed, without costs, and motion denied.

Memorandum:

The sole issue on this appeal from an order granting defendant's motion for summary judgment in an action for malicious prosecution is whether the prior prosecution terminated in favor of the plaintiff. The prior criminal action was based on a misdemeanor complaint signed by the defendant accusing the plaintiff of having committed the crime of reckless endangerment in the second degree...

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