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PEOPLE'S CAPITAL AND LEASING CORP. v. 1-800 POSTCARDS, INC.

651602/12, 6941N, 6940.

162 A.D.3d 560 (2018)

80 N.Y.S.3d 19

2018 NY Slip Op 04651

People's Capital and Leasing Corp., Respondent, v. 1 800 Postcards, Inc., et al., Appellants.

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

Decided June 21, 2018.

We affirm the denial of defendants' motion for leave to amend. While malicious prosecution claims can be premised on civil proceedings (see Thomas v G2 FMV, LLC, 147 A.D.3d 700 [1st Dept 2017]; Facebook, Inc. v DLA Piper LLP [US], 134 A.D.3d 610 [1st Dept 2015], lv denied 28 N.Y.3d 903 [2016]), the proposed malicious prosecution counterclaim is...

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