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SHALES v. CITY OF ROCHESTER

150 Misc.2d 704 (1991)

Scott J. Shales, Plaintiff, v. City of Rochester, Defendant.

Supreme Court, Monroe County.

April 18, 1991

Attorney(s) appearing for the Case

Louis N. Kash, Corporation Counsel (Patrick B. Naylon of counsel), for defendant. Chamberlain, D'Amanda, Oppenheimer & Greenfield (Sheldon W. Boyce, Jr., of counsel), for plaintiff.

FRANCIS A. AFFRONTI, J.

Defendant, City of Rochester, by notice of motion dated December 17, 1990, seeks summary judgment, dismissing a malicious prosecution action commenced by a former city police officer. Defendant's motion is premised upon the filing of a criminal indictment, which it contends, as a matter of law, established probable cause for plaintiff's prosecution. Therefore, the sole issue confronting...

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