Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the defendants' cross motion which was for summary judgment dismissing his cause of action to recover damages for malicious prosecution since he failed to establish that the underlying criminal action, which was dismissed in the interest of justice ( see, CPL 170.40), was terminated in his favor ( see, MacFawn v. Kresler, 88 N.Y.2d 859, 860; Ward v. Silverberg, 85 N.Y.2d 993, 994; Hollender v. Trump Vil. Coop., 58 N.Y.2d 420, 425-426).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.