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ROSEN v. HANRAHAN

2 A.D.3d 352 (2003)

768 N.Y.S.2d 818

SAMUEL D. ROSEN, Appellant, v. EVELYN HANRAHAN, Defendant, and SUSAN HANRAHAN et al., Respondents.

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

December 30, 2003.

Plaintiff's second and third causes of action for malicious prosecution and abuse of process, respectively, were properly dismissed since, inter alia, the allegedly wrongfully commenced proceeding against plaintiff upon which his malicious prosecution claims are premised was not terminated in his favor and plaintiff cannot demonstrate that the complained-of proceeding was initiated without probable cause (see Belsky v Lowenthal...

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