CUSENZ v. STATE FARM MUT. AUTO. INS. CO.


98 A.D.2d 986 (1983)

Scott J. Cusenz, Respondent, v. State Farm Mutual Automobile Insurance Company, Appellant

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

December 16, 1983


Order unanimously affirmed, with costs.

Memorandum:

We agree with defendant that plaintiff, on the evidence submitted on this motion for summary judgment, has no cause of action for malicious prosecution. Nevertheless, we find the record contains sufficient evidence to establish, prima facie, a cause of action against defendant for improperly inducing the Department of Motor Vehicles to suspend plaintiff's driver's license pursuant to section 332 of the Vehicle...

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