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.