Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiff.
According every favorable inference to the allegations of the second cause of action asserted in the amended complaint (see generally, Sanders v Winship, 57 N.Y.2d 391; Pollnow v Poughkeepsie Newspapers, 107 A.D.2d 10, affd 67 N.Y.2d 778), we find that it sufficiently sets forth facts stating a cause of action for malicious prosecution (see, Colon v City of New York, 60 N.Y.2d 78, 82; Broughton v State of New York, 37 N.Y.2d 451, 457, cert denied sub nom. Schanberger v Kellogg, 423 U.S. 929; McGuire v Epstein, 167 A.D.2d 453; Hornstein v Wolf, 109 A.D.2d 129, affd 67 N.Y.2d 721). Thompson, J.P., Kunzeman, Sullivan and Harwood, JJ., concur.