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GRIFFIN v. TEDALDI

228 A.D.2d 554 (1996)

645 N.Y.S.2d 40

Patricia Griffin et al., Appellants-Respondents, v. Kenneth J. Tedaldi, Respondent-Appellant. (Action No. 1.) Howard J. Douglas et al., Appellants, v. Kenneth J. Tedaldi, Respondent. (Action No. 2.)

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

June 17, 1996

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that the plaintiffs in Action No. 1 stated a valid cause of action to recover damages for malicious prosecution (see, Chappelle v Gross, 26 A.D.2d 340). We also agree with the dismissal of the cause of action sounding in malicious prosecution in Action No. 2 because there...

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