150 A.D.2d 770 | N.Y. App. Div. | 1989
In an action, inter alia, to recover damages for malicious prosecution, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Collins, J.), dated March 29, 1988, as dismissed the complaint as against the defendants The Eagle Insurance Company and Material Damage Adjustment Corporation, and the defendant County of Nassau cross-appeals from so much of the same order as denied its cross motion to dismiss the complaint as asserted against it for failure to state a cause of action.
Ordered that the order is modified by deleting the provision thereof which granted the motion of the defendants The Eagle Insurance Company and Material Damage Adjustment Corporation to dismiss the complaint and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements.
The defendant insurance companies sought dismissal of the complaint pursuant to CPLR 3211 (a) (7) solely on the ground that a malicious prosecution cause of action was barred because the underlying criminal proceeding was not terminated in the plaintiff Peter Vitellaro’s favor (see generally, Colon v
