PERRYMAN v. VILLAGE OF SARANAC LAKE


41 A.D.3d 1080 (2007)

839 N.Y.S.2d 290

DONALD G. PERRYMAN, Respondent, v. VILLAGE OF SARANAC LAKE et al., Appellants, et al., Defendant.

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

Decided June 21, 2007.


Mercure, J.

The primary issue on this appeal is whether a defendant seeking dismissal of a malicious prosecution cause of action arising out of a prior civil proceeding must establish that each claim in the prior proceeding was supported by probable cause. We conclude that such a showing is unnecessary. Rather, as explained below, a defendant may meet its burden with respect to that element of a civil malicious prosecution claim by demonstrating that probable cause...

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