DERMIGNY v. SIEBERT

3796, 109057/07.

79 A.D.3d 460 (2010)

911 N.Y.S.2d 619

NICHOLAS P. DERMIGNY, Respondent, v. MURIEL SIEBERT, Appellant.

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

Decided December 7, 2010.


In this action for malicious prosecution, the court erred in holding that defendant, who had answered the complaint, was required to moved for summary judgment instead of moving to dismiss the complaint for failure to state a cause of action under CPLR 3211 (a) (7) (CPLR 3211 [e]; Herman v Greenberg, 221 A.D.2d 251 [1995]). The court's determination that plaintiff had sufficiently pleaded special injury in support of his malicious...

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