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WARD v. SILVERBERG

85 N.Y.2d 993 (1995)

652 N.E.2d 914

629 N.Y.S.2d 168

Leola Ward, Appellant, v. Alan Silverberg, Respondent.

Court of Appeals of the State of New York.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Ginsberg Katsorhis & Fedrizzi, Flushing (Jerome M. Ginsberg and Linda F. Fedrizzi of counsel), for appellant.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Garden City (Christine Gasser of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

To resist defendant's motion for summary judgment dismissing the complaint, plaintiff in this malicious prosecution action bears the burden of proving that the underlying criminal action brought against her by her optometrist for the alleged theft of a pair of eyeglasses was terminated in her favor (Martin v City of Albany,

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