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BUMBURY v. CITY OF NEW YORK

62 A.D.3d 621 (2009)

880 N.Y.S.2d 44

MICHAEL BUMBURY, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided May 28, 2009.

A cause of action for malicious prosecution accrues when the criminal proceeding terminates favorably to the plaintiff (Boose v City of Rochester, 71 A.D.2d 59, 65 [1979]). Thus, to the extent that plaintiff alleges malicious prosecution by the Bronx County District Attorney, that claim accrued on March 4, 2002, when the sodomy indictment was dismissed, and with regard to any claim of malicious prosecution, plaintiff's notice of...

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