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I.G. SECOND GENERATION PARTNERS v. READE

17 A.D.3d 206 (2005)

793 N.Y.S.2d 379

I.G. SECOND GENERATION PARTNERS, L.P., et al., Appellants, v. DUANE READE et al., Respondents.

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

April 19, 2005.

Plaintiffs' cause for malicious prosecution is not viable since they cannot show that probable cause was entirely lacking for defendants' underlying declaratory judgment action against them (see Engel v CBS, Inc., 93 N.Y.2d 195, 204-206 [1999]; Williams v Barber, 3 A.D.3d 695, 696-697 [2004]; Honzawa v Honzawa, 268 A.D.2d 327 [2000]). Where, as...

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