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BROWN v. BROWN

87 A.D.2d 680 (1982)

Patricia S. Brown, Respondent, v. John P. Brown, Appellant

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

March 4, 1982

At issue here is the sufficiency of the allegations in plaintiff's complaint which assert a cause of action seeking to recover damages for malicious prosecution. Specifically, defendant contends that termination of the criminal proceeding in favor of plaintiff, one of the elements of the tort of malicious prosecution (Broughton v State of New York, 37 N.Y.2d 451, 457), is absent. Since this is a nonconverted motion to dismiss in...

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