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GULLO v. GRAHAM

255 A.D.2d 975 (1998)

679 N.Y.S.2d 871

Kenneth Gullo, Individually and as Father and Natural Guardian of Paul Gullo, an Infant, Appellant, v. Alan Graham, Individually and as Deputy Sheriff for County of Wayne, et al., Respondents

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

November 13, 1998

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted the motion of defendants Alan Graham and County of Wayne for summary judgment dismissing the complaint against them. Those defendants established their entitlement to summary judgment on the malicious prosecution cause of action by submitting a judicial determination of probable cause in a criminal prosecution (see, Brown...

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