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MANGANO v. RITE AID CORPORATION

297 A.D.2d 362 (2002)

746 N.Y.S.2d 602

DANIEL MANGANO et al., Appellants, v. RITE AID CORPORATION et al., Respondents.

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

Decided August 26, 2002.

Ordered that the order is affirmed, with costs.

In the instant action, inter alia, to recover damages for malicious prosecution and abuse of process, the plaintiff Daniel Mangano alleges that the defendants maliciously instigated a criminal prosecution against him without proper investigation and that the defendants maliciously continued to seek his prosecution with the sole intent of causing him harm. After the defendants made out a prima case for summary judgment...

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