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JESTIC v. LONG ISLAND SAV BK

81 A.D.2d 255 (1981)

Eileen Jestic, Respondent, v. Long Island Savings Bank, Appellant

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

June 22, 1981

Attorney(s) appearing for the Case

J. Robert Morris (John J. Bradbury of counsel), for appellant.

Geoghan & Tutrone (Steven E. Cohen of counsel), for respondent.

HOPKINS, J. P., DAMIANI and MANGANO, JJ., concur.

O'CONNOR, J.

This case presents to this court for the first time the question of whether a cause of action for negligence may be maintained under circumstances where the defendant has instigated a prosecution against the plaintiff in a prior action in a manner alleged by the plaintiff to have been negligent. Simply put, is there a cognizable cause of action for "negligent prosecution"? We hold that there is...

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