THE SUPREME Court of Erie County should have set aside a not guilty verdict for malicious prosecution in a case where two Buffalo police officers reinstated dismissed charges against a man after he filed civil rights complaints against them, the Appellate Division, Fourth Department, has ruled.

The Fourth Department has also held in a matter of first impression that a personal injury action against an architect can be brought even though the plaintiff had a prior complaint dismissed for failure to properly notify the architect under CPLR 214-d (1).