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MOLINA v. CITY OF NEW YORK

28 A.D.3d 372 (2006)

814 N.Y.S.2d 120

ANTONIO MOLINA, Appellant, v. CITY OF NEW YORK et al., Defendants, and COUNTY OF WESTCHESTER et al., Respondents.

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

April 25, 2006.

Inasmuch as the law enforcement actions upon which this lawsuit is premised did not terminate in an acquittal or unqualified dismissal, but merely in an adjournment in contemplation of dismissal (see Roesch v Otarola, 980 F.2d 850, 853-854 [1992]), plaintiff's claims for malicious prosecution and, on the basis of the alleged malicious prosecution, seeking damages for federal civil rights violations, were properly dismissed (see...

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