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RUSH v. COUNTY OF NASSAU

51 A.D.3d 762 (2008)

858 N.Y.S.2d 685

JAMES RUSH, Appellant, v. COUNTY OF NASSAU et al., Respondents.

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

Decided May 13, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The defendants established their prima facie entitlement to summary judgment dismissing the cause of action alleging malicious prosecution (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324-325 [1986]). In opposition, the plaintiff failed to raise a triable issue of...

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