DONNELLY v. NICOTRA


55 A.D.3d 868 (2008)

DEREK DONNELLY et al., Appellants-Respondents, v. FORTUNATO NICOTRA et al., Respondents-Appellants.

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

October 28, 2008.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The defendants established their prima facie entitlement to judgment as a matter of law dismissing the cause of action alleging malicious prosecution by presenting evidence that they did no more than furnish information to law enforcement authorities. "[A] civilian complainant, by merely seeking police assistance or furnishing information to law enforcement...

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