Ordered that the order is affirmed insofar as appealed from, with costs.
The allegations set out in the complaint, even when read in the light most favorable to the plaintiff, did not allege that the defendant either commenced or continued a criminal proceeding against the plaintiff. Since that is a necessary element to prove a cause of action alleging malicious prosecution, the complaint was properly dismissed (see Wasilewicz v Village of Monroe Police Dept.,...
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