Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third cause of action in the complaint is dismissed insofar as asserted against the appellant.
The third cause of action in the complaint asserted claims against the appellant for false arrest and malicious prosecution. However, the plaintiff failed to rebut the appellant's prima facie showing that its employee did not instigate the plaintiff's arrest...
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