Note that I received prior permission from my client to post this document which is part of a public court file in Sullivan County New York.
This is a motion I filed for summary judgment on behalf of my client, defendant Watkins, who at the time of the alleged occurrence was an independent builder building homes on private, gated-community property. He was sued for alleged malicious prosecution after the plaintiff trespassed on the defendant's property and Watkins reported the trespass to his boss and filed an affidavit with the police.
As I explain in the motion, after we completed discovery, the evidence made clear that Mr. Watkins did not commit any malicious prosecution because the plaintiff had in fact trespassed not once, but several times, including the time when Mr. Watkins allegedly accused him falsely of trespassing.
The court granted my motion and dismissed the case against my client.
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