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DEMPSEY v. MASTO

83 A.D.2d 725 (1981)

Frank Dempsey, Respondent, v. Paul Masto, Appellant

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

July 23, 1981

On this appeal, defendant urges reversal for the alleged failure of the trial evidence to support the judgment in favor of plaintiff in an action for malicious prosecution. The four elements of such an action, enumerated in Broughton v State of New York (37 N.Y.2d 451, 457), were competently and carefully defined and explained to the jury in the course of its charge by the trial court. The only element requiring comment and the one...

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