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SELINGER v. SELINGER

210 A.D.2d 309 (1994)

620 N.Y.S.2d 277

Mark Selinger, Appellant, v. Janice Selinger et al., Respondents

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

December 12, 1994

Ordered that the order is affirmed, with costs to the respondent Andrew Homar.

Contrary to the appellant's contentions, the Supreme Court correctly awarded summary judgment to the defendants. Among the essential elements of a cause of action to recover damages for malicious prosecution is that the underlying criminal action was terminated in the plaintiff's favor (see, Colon v City of New York,

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