Order unanimously affirmed, with costs.
Memorandum:
Defendants City of Rochester, Rochester Police Department and Sergeant Kimberly Rose appeal from that part of an order which denied their motion for summary judgment dismissing claims and cross claims sounding in malicious prosecution. They contend that there was no prior judicial proceeding against plaintiff upon which such a cause of action can be based. We disagree.
On January 22, 1981, plaintiff...
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