PEJCINOVIC v. CITY OF NEW YORK


258 A.D.2d 365 (1999)

685 N.Y.S.2d 248

ADAM PEJCINOVIC et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided February 18, 1999.


The motion court properly denied defendants' motion insofar as it sought summary judgment dismissing plaintiffs' malicious prosecution cause of action since issues of fact exist as to whether plaintiffs' arrests were supported by probable cause and as to whether defendants acted with malice (see, Colon v City of New York, 60 N.Y.2d 78; see also, People v Pejcinovic, 174 A.D.2d 461). The...

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