Ordered that the appeal by the plaintiff Rachel Avgush is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8 [e]); and it is further,
Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the cause of action to recover damages for malicious prosecution pursuant to CPLR 3211 (a) (7) and substituting therefor a provision denying that branch of the motion...
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