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MUSTO v. ARAKEL

184 A.D.2d 243 (1992)

Diane Musto, Respondent-Appellant, v. John Arakel et al., Appellants-Respondents, et al., Defendant

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

June 4, 1992

In this action brought to recover damages for false arrest and imprisonment, and for malicious prosecution, there was conflicting evidence as to whether defendant had probable cause to arrest plaintiff and thus, the issue of false arrest was properly one for the jury to determine (Parkin v Cornell Univ., 78 N.Y.2d 523, 529).

As to the cause of action for malicious prosecution, we agree with the Appellate Term. The termination...

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