Opinion
March 12, 1990
Appeal from the Supreme Court, Orange County (Green, J.).
Ordered that the cross appeal is dismissed, without costs or disbursements (see, Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539); and it is further,
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff architect brought an action to recover damages for malicious prosecution against the defendants for instituting a third-party action against him in a personal injury action pending in Federal court. The third-party action was terminated in plaintiff's favor. As the Supreme Court noted, the plaintiff was unable to show any interference with his person or property by the defendants, such as by the use of the remedies of attachment, arrest or injunction. A necessary element of a cause of action to recover damages for malicious prosecution is interference with the person or property of the plaintiff (Sokol v Sofokles, 136 A.D.2d 535; Molinoff v Sassower, 99 A.D.2d 528). Kooper, J.P., Harwood, Balletta and Miller, JJ., concur.