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STRUVE v. BINGHAM

244 A.D.2d 178 (1997)

663 N.Y.S.2d 578

Catherine T. A. Struve, Appellant, v. A. Walker Bingham, Iii, Respondent

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

November 6, 1997

In this action for malicious prosecution, plaintiff failed to establish either a termination of the prior action in her favor or an absence of probable cause to support that action (see, Butler v Ratner, 210 A.D.2d 691, 693, lv dismissed 85 N.Y.2d 924). Since the order of dismissal did not specify that the libel action was dismissed on the merits, the dismissal for failure to prosecute pursuant to CPLR 3216 (a) was...

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