Opinion
1356
August 7, 2003.
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 11, 2002, which denied plaintiff's motion for summary judgment on the issue of defendant's liability for malicious prosecution, unanimously affirmed, without costs.
Joel B. Rudin, for plaintiff-appellant.
Norman Corenthal, for defendants-respondents.
Before: Nardelli, J.P., Tom, Andrias, Lerner, JJ.
The issues of fact identified in this Court's prior order reinstating the cause of action for malicious prosecution ( 285 A.D.2d 284) remain unresolved on the instant record (cf. Parkin v. Cornell Univ., 78 N.Y.2d 523, 529; Munoz v. City of New York, 18 N.Y.2d 6; Martin v. City of Albany, 42 N.Y.2d 13).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.