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TOMAIN v. ALLSTATE INS. CO.

238 A.D.2d 774 (1997)

656 N.Y.S.2d 470

Cynthia G. Tomain, Respondent, v. Allstate Insurance Company, Appellant, et al., Defendants

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

April 17, 1997

Carpinello, J.

In May 1994, plaintiff accused defendant Gregory D. Rosano of harassment in the second degree as the result of an incident outside of a shopping center laundromat. The charges were subsequently dismissed due to plaintiff's failure to participate in the prosecution of the criminal case. In December 1994, Rosano and his wife commenced a civil action against plaintiff for malicious prosecution....

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