Opinion
Submitted March 28, 2000.
July 3, 2000.
In an action, inter alia, to recover damages for malicious prosecution, the defendant Wal-Mart Stores, Inc., appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated May 17, 1999, which, upon a jury verdict, is in favor of the plaintiff and against it in the total sum of $52,617.97.
O'Connor, O'Connor, Mayberger First, P.C., Albany, N Y (Francis J. Brennan of counsel), for appellant.
Vasti Sears, P.C., Pleasant Valley, N.Y. (David A. Sears of counsel), for respondent.
Before: DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
No proper foundation was laid for admission of a copy of the videotape in lieu of the missing original (see, Dipace v. Hertz Corp., 30 A.D.2d 515).
The appellant's remaining contentions are without merit.