Ormandy v. Price Co.

—In an action, inter alia, to recover damages for malicious prosecution, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated June 18, 1997, as granted that branch of the defendants’ cross motion which was for summary judgment dismissing the plaintiff’s cause of action to recover damages for malicious prosecution, and thereafter denied as academic those branches of the plaintiffs cross motion which were to dismiss the defendants’ second and fifth affirmative defenses.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly granted that branch of the defendants’ cross motion which was for summary judgment dismissing his cause of ac