Judgment and order reversed on the law, with costs to the appellant to abide the event, and motion for summary judgment denied, without costs.
Memorandum:
The action is for malicious prosecution. The defendant's motion was twofold. He asked dismissal of the complaint under rule 106 of the Rules of Civil Practice on the ground that the complaint failed to state facts sufficient to constitute a cause of action. This demand for relief was not passed upon by Special...
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