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DIV-COM, INC. v. TOUSIGNANT

517059.

116 A.D.3d 1118 (2014)

984 N.Y.S.2d 182

2014 NY Slip Op 2364

DIV-COM, INC., Doing Business as FERRIS STAMP & COIN, Appellant, v. JOSEPH TOUSIGNANT et al., Respondents, et al., Defendant. (Action No. 1.) JOSEPH TOUSIGNANT, Respondent, v. DIV-COM, INC., Doing Business as FERRIS STAMP & COIN, et al., Appellants. (Action No. 2.).

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

Decided April 3, 2014.

McCarthy, J.

Div-Com, Inc. commenced action No. 1, mainly alleging that Joseph Tousignant (hereinafter Tousignant) stole money, gold coins and precious metals while he was employed by Div-Com. After Tousignant was acquitted of all criminal charges related to the alleged theft, he commenced action No. 2 against Div-Com and its two shareholders, Wendell Williams and Mary E. Williams, alleging malicious prosecution. Tousignant and Brenda Tousignant served discovery demands...

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