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NAPOLI v. JAMES

Index No. 161529/18. Appeal Nos. 15645-15645A & M-00738. Case No. 2020-05036. 2021-00534.

204 A.D.3d 413 (2022)

163 N.Y.S.3d 800

2022 NY Slip Op 02230

Marie Napoli, Appellant, v. Clifford James et al., Respondents.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Napoli Shkolnik PLLC, Melville (Salvatore C. Badala, of counsel) for appellant.

Furman Kornfeld & Brennan LLP, New York (A. Michael Furman, of counsel) for respondents.

Concur—Gische, J.P., Moulton, Scarpulla, Shulman, Pitt, JJ.

Plaintiff commenced this action for malicious prosecution and violation of Judiciary Law § 487 in connection with defendants' representation of nonparty Vanessa Dennis in her prior lawsuit against plaintiff (Dennis v Napoli, Sup Ct, Nassau County, Cozzens, J., index No. 600454/16) (the Dennis Action). The malicious prosecution claim failed to sufficiently allege "the absence of probable cause" to commence or continue the Dennis Action (see Facebook, Inc. v...

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