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FOUSSARD v. OLARTE-FOUSSARD

15173N, 100154/10

128 A.D.3d 549 (2015)

8 N.Y.S.3d 562

2015 NY Slip Op 04260

REMY M. FOUSSARD, Appellant, v. EMEE OLARTE-FOUSSARD, Respondent.

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

Decided May 19, 2015.

Order, Supreme Court, New York County (Paul Wooten, J.), entered December 13, 2013, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgement dismissing the malicious prosecution cause of action, unanimously affirmed, without costs.

Dismissal of the malicious prosecution claim was warranted where the record, including plaintiff's threatening emails to defendant, demonstrates...

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