Opinion
6348 Index 157823/15
04-24-2018
Diana T. MOHYI, Plaintiff–Appellant, v. KAREN G. BRAND P.C., et al., Defendants–Respondents.
Diana T. Mohyi, appellant pro se. Law Office of Mark E. Goidell, Garden City (Mark E. Goidell of counsel), for respondents.
Diana T. Mohyi, appellant pro se.
Law Office of Mark E. Goidell, Garden City (Mark E. Goidell of counsel), for respondents.
Sweeny, J.P., Richter, Webber, Gesmer, Moulton, JJ.
Order, Supreme Court, New York County (Debra A. James, J.), entered November 6, 2017, which, upon reargument, granted defendants' motion to dismiss the complaint in its entirety, unanimously affirmed, without costs.
The record demonstrates that the motion court providently exercised its discretion in granting reargument (see generally William P. Pahl Equip. Corp. v. Kassis, 182 A.D.2d 22, 27, 588 N.Y.S.2d 8 [1st Dept. 1992], lv denied in part, dismissed in part 80 N.Y.2d 1005, 592 N.Y.S.2d 665, 607 N.E.2d 812 [1992] ; CPLR 2221[d] ). Dismissal of the malicious prosecution cause of action was proper because the evidence, including the transcript of the Criminal Court proceedings in which the criminal charges underlying plaintiff's claim were dismissed, conclusively establishes that those charges were not finally terminated in plaintiff's favor (see MacFawn v. Kresler, 88 N.Y.2d 859, 860, 644 N.Y.S.2d 486, 666 N.E.2d 1359 [1996] ; Slatkin v. Lancer Litho Packaging Corp., 33 A.D.3d 421, 422, 822 N.Y.S.2d 507 [1st Dept. 2006] ). We have considered plaintiff's remaining contentions, and find them unavailing.