MICHAEL SPINNER, res-ap, v. COUNTY OF NASSAU res, METROPOLITAN TRANSIT AUTHORITY POLICE DEPARTMENT APPELLANTS-res

MICHAEL SPINNER, res-ap, v. COUNTY OF NASSAU res, METROPOLITAN TRANSIT AUTHORITY POLICE DEPARTMENT APPELLANTS-res — (INDEX NO. 680/09)In an action, inter alia, to recover damages for malicious prosecution, the defendants Metropolitan Transit Authority Police Department and Richard R. Lagnese, Jr., appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.), entered February 24, 2012, as denied those branches of their motion which were for summary judgment dismissing the third and fourth causes of action insofar as asserted against them, and the plaintiff cross-appeals from so much of the same order as granted the separate motion of the defendants County of Nassau, Steven Schwartz, and Susan Luttinger for summary judgment dismissing the complaint insofar as asserted against them.

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MICHAEL SPINNER, res-ap, v. COUNTY OF NASSAU res, METROPOLITAN TRANSIT AUTHORITY POLICE DEPARTMENT APPELLANTS-res — (INDEX NO. 680/09)In an action, inter alia, to recover damages for malicious prosecution, the defendants Metropolitan Transit Authority Police Department and Richard R. Lagnese, Jr., appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.), entered February 24, 2012, as denied those branches of their motion which were for summary judgment dismissing the third and fourth causes of action insofar as asserted against them, and the plaintiff cross-appeals from so much of the same order as granted the separate motion of the defendants County of Nassau, Steven Schwartz, and Susan Luttinger for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the order is reversed insofar as appealed from, on the law, and those branches of the motion of the defendants Metropolitan Transit Authority Police Department and Richard R. Lagnese, Jr., which were for summary judgment dismissing the third and fourth causes of action insofar as asserted against them are granted; and it is further,

MICHAEL SPINNER, res-ap, v. COUNTY OF NASSAU res, METROPOLITAN TRANSIT AUTHORITY POLICE DEPARTMENT APPELLANTS-res

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