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  5. 94 A.D.2d 165 (1983)
 

GEBBIE v. GERTZ DIV.

94 A.D.2d 165 (1983)

George Gebbie, Respondent, v. Gertz Division of Allied Stores of New York, Inc., Appellant

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

June 13, 1983

Attorney(s) appearing for the Case

A. Paul Goldblum for appellant.

Howard S. Davis (Barry M. Hoffman of counsel; Mitchell G. Shapiro on the brief), for respondent.

DAMIANI, J. P., GULOTTA and BROWN, JJ., concur.

MANGANO, J.

The question to be decided on this appeal is whether the privilege conferred upon a criminal defendant pursuant to CPL 160.50 is waived when he later institutes a civil action to recover damages for false arrest and malicious prosecution.

The question must be answered in the affirmative.

In his complaint, plaintiff pleaded causes of action based upon allegations of false arrest and...

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