Ordered that the order is reversed, with costs, the defendants' motion is denied, and the complaint is reinstated.
This action to recover damages for malicious prosecution arises from the prosecution of Sean Gilleran, the plaintiffs' minor son, for the crimes of criminal mischief in the third degree and criminal mischief in the fourth degree. Following the service of a summons and petition in the criminal action, the Westchester County Attorney's office withdrew its...
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