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SHAWE v. ELTING

6627, 153375/16.

161 A.D.3d 585 (2018)

77 N.Y.S.3d 400

2018 NY Slip Op 03644

Philip Shawe, Appellant, v. Elizabeth Elting et al., Respondents.

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

Decided May 22, 2018.

Plaintiff Philip Shawe (Shawe) has failed to plead any malicious prosecution claim. Neither in his complaint nor in the reworked theory presented in his appellate brief does he identify any proceeding favorably terminated for purposes of a malicious prosecution claim (see Facebook, Inc. v DLA Piper LLP [US], 134 A.D.3d 610, 613 [1st Dept 2015], lv denied 28 N.Y.3d 903 [2016]). In his complaint...

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