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Verboys v. Town of Ramapo

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2003
301 A.D.2d 647 (N.Y. App. Div. 2003)

Opinion

2002-00410

Argued December 10, 2002.

January 27, 2003.

In an action, inter alia, to recover damages for malicious prosecution, the plaintiffs appeal from an order of the Supreme Court, Rockland County (O'Rourke, J.), dated December 10, 2001, which, granted the motion of the defendants Town of Ramapo and Town of Ramapo Police Department, in effect, for summary judgment dismissing the complaint insofar as asserted against them.

Bartels Feureisen, LLP, White Plains, N.Y. (Lisa B. Zimbalist of counsel), for appellants.

Alan M. Simon, Suffern, N.Y. (Janice Gittelman of counsel), for respondents.

Before: DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

After the respondents made out a prima facie case for summary judgment, the plaintiffs failed to raise a triable issue of fact that the respondents may be held liable for malicious prosecution (see Smith-Hunter v. Harvey, 95 N.Y.2d 191; Hopkinson v. Lehigh Valley R. R. Co., 249 N.Y. 296; Goddard v. Daly, 295 A.D.2d 314; Quigley v. City of Auburn, 267 A.D.2d 978; Viza v. Town of Greece, 94 A.D.2d 965).

The plaintiffs' remaining contentions are without merit.

RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.


Summaries of

Verboys v. Town of Ramapo

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2003
301 A.D.2d 647 (N.Y. App. Div. 2003)
Case details for

Verboys v. Town of Ramapo

Case Details

Full title:JOSEPH VERBOYS, ET AL., appellants, v. TOWN OF RAMAPO, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 27, 2003

Citations

301 A.D.2d 647 (N.Y. App. Div. 2003)
753 N.Y.S.2d 872