Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the first and third causes of action asserted in the complaint are dismissed.
The essential elements of malicious prosecution of a civil action are as follows: "(1) the commencement and prosecution of a judicial proceeding against the plaintiff, (2) by or at the instance of the defendant, (3) without probable cause, (4) with malice, (5) which has terminated...
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