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BAYAT v. AZAZ

12 A.D.3d 547 (2004)

784 N.Y.S.2d 382

ADIL BAYAT, Appellant, v. TOLGA AZAZ et al., Respondents.

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

November 22, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

To maintain a cause of action to recover damages for malicious prosecution, a plaintiff must establish, inter alia, that the defendant either commenced or continued a criminal proceeding against him or her, and that the proceeding terminated in his or her favor (see Cantalino v Danner, 96 N.Y.2d 391 [2001]; Smith-Hunter v Harvey,

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