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LINDO v. CITY OF NEW YORK

277 A.D.2d 92 (2000)

716 N.Y.S.2d 568

VERNON LINDO, Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 16, 2000.

Pursuant to the recent Court of Appeals decision in Smith-Hunter v Harvey (95 N.Y.2d 191), the dismissal of all pending criminal charges against petitioner pursuant to CPL 30.30 for the People's failure to be ready for trial was a "favorable termination" as is required to maintain an action for malicious prosecution.

Thus, as the City now concedes, permission to serve a late notice of claim should have been granted.

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