Opinion
January 23, 1995
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiff's causes of action to recover damages for libel and slander arise from the allegedly false statements made by the defendants Richard and Jeanne Lyons on January 2, 1988, regarding the plaintiff's trespass on Ms. Lyons' property and the plaintiff's harassment of Ms. Lyons over a period of time beginning in 1986 through January 1988.
The cause of action for malicious prosecution is based upon the defendants' communications to the police department regarding the plaintiff's harassment of Ms. Lyons which resulted in the criminal prosecution of the plaintiff. The criminal action was terminated when the plaintiff received an adjournment in contemplation of dismissal and the action was subsequently dismissed.
The Supreme Court properly dismissed the cause of action for malicious prosecution since it is well established that the acceptance of an adjournment in contemplation of dismissal bars an action for malicious prosecution (see, Hollender v. Trump Vil. Coop., 58 N.Y.2d 420).
The causes of action for libel and slander were properly dismissed as time-barred since the allegedly defamatory statements were made more than one year prior to the commencement of this action (see, Puranmalka v. Puranmalka, 149 A.D.2d 493).
The plaintiff's remaining contentions are without merit.
Although we conclude that the issues raised by the plaintiff on appeal lack merit, we do not find the appeal to be so frivolous as to warrant the imposition of monetary sanctions (see, Ltown Ltd. Partnership v. Sire Plan, 108 A.D.2d 435, 442-443, affd 69 N.Y.2d 670). Rosenblatt, J.P., Altman, Friedmann and Florio, JJ., concur.