COOPER v. LATHILLERIE

2010-460 NC.

33 Misc.3d 1 (2011)

930 N.Y.S.2d 396

2011 NY Slip Op 21229

STEPHEN COOPER, Appellant, v. AGNES LATHILLERIE, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 30, 2011.


Attorney(s) appearing for the Case

Stephen Cooper, appellant pro se.

Winston & Strawn LLP, New York City ( Jacqueline M. Russo of counsel), for respondent.

TANENBAUM, J.P., MOLIA and IANNACCI, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and defendant's motion to dismiss the action is denied.

Plaintiff brought this small claims action to recover the expenses, including attorney's fees, he had allegedly incurred in the defense of two criminal proceedings. The gravamen of his cause of action, based on malicious prosecution, was that defendant had been...

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