LEWIS v. COUNTS


81 A.D.2d 857 (1981)

Rennie Lewis et al., Appellants, v. Lerow E. Counts et al., Respondents

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

May 11, 1981


Order modified, on the law, by adding thereto, after the word "exist", the following: "except that defendants are granted summary judgment as to the causes of action for malicious prosecution and such causes of action are severed from the main action and dismissed." As so modified, order affirmed, with $50 costs and disbursements to defendants.

There exists a triable issue of fact as to probable cause for the arrest of plaintiffs (see Smith v County of Nassau<...

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