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RYAN v. CITY OF NEW YORK

Index No. 307464/12. Appeal No. 13010. Case No. 2019-03452.

191 A.D.3d 416 (2021)

137 N.Y.S.3d 682

2021 NY Slip Op 00534

Carla Ryan, Appellant, v. City of New York et al., Respondents.

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

Decided February 2, 2021.

Attorney(s) appearing for the Case

Law Office of Neil R. Finkston, Great Neck ( Neil R. Finkston of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Nwamaka Ejebe of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Webber, González, Scarpulla, JJ.

The record demonstrates that plaintiff cannot show that defendants' employees either initiated the criminal prosecution against her or acted with actual malice in providing information to the District Attorney's office (see Colon v City of New York, 60 N.Y.2d 78, 82 [1983]; Present v Avon Prods., 253 A.D.2d 183, 189 [1st Dept 1999], lv dismissed 93 N.Y.2d 1032

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