The opinion of the court was delivered by: Stanton, District Judge.
This action arises from the arrest of plaintiff Ana Rosado outside her parents' apartment on October 6, 1986. Ms. Rosado was released on her own recognizance three days later, and charges of assault, resisting arrest and harassment brought against her were all dismissed by February 6, 1987.
Two motions are decided in this opinion: defendant Rajiv Khurana's and Erin O'Grady's motions for summary judgment dismissing, as against them, Ms. Rosado's claim for malicious prosecution, and third-party defendant City of New York's motion for summary judgment dismissing third-party plaintiffs' claims for contribution.
At around 9:45 p.m. on October 6, 1986, New York City Housing Authority Officers Jonas Bright and Robert Medoro arrived at Apartment 14C at 250 Clinton Street. They were responding to a call made by Regorio Rosado that his daughter Ana was drunk, was harassing his wife and himself, and did not live in the apartment with them.*fn1 Shortly thereafter, Officers Erin O'Grady and Rajiv Khurana also arrived at Mr. Rosado's apartment.
Some or all four of the officers talked first with Mr. Rosado in the kitchen. They then spoke to Ms. Rosado in the living room, and she expressed her willingness to leave the apartment.
Once Ms. Rosado was in the exterior hallway, however, one of the officers asked her for her keys to the apartment.*fn2 She apparently refused, and a "tussle ensued." The officers' recollections of what happened next diverge. All agree that Officers Bright and Medoro wrestled Ms. Rosado to the ground and ultimately placed handcuffs on her. Officer Bright stated that Officers Khurana and O'Grady also fell to the floor in the attempt to restrain Ms. Rosado (Exhibit F to the affidavit of Fern H. Schwaber, Esq., sworn to July 27, 1989); Officer Khurana stated that he participated in the struggle, but Officer O'Grady did not ( Id. at Exhibit G); and Officers O'Grady and Medoro both recall that only Officers Medoro and Bright participated. ( Id. at Exhibits B and H) Either way, all four officers rode down the elevator with Ms. Rosado.
At this point, Officers Medoro and Bright placed Ms. Rosado in their car, and Officers O'Grady and Khurana left. There is no dispute that Officers O'Grady and Khurana did nothing further with respect to Ms. Rosado and the charges brought against her. See Id. at Exhibit B (Officer O'Grady stated that she "had no further interaction with the concerned officers or Ms. Rosado"); id. at Exhibit F (Officer Bright stated that "Officer O'Grady and Officer Khurana left the location in their [car] and had no further interaction with them."); id. at Exhibit H ("Officer Medoro noted that Officer O'Grady and Officer Khurana left the location and had no further interaction with them.")
Officers Medoro and Bright took Ms. Rosado to a Housing Police holding facility where she was placed in a cell, still in handcuffs. Three hours later, Ms. Rosado was taken to the hospital and treated for various injuries. Ms. Rosado spent most of the next day, October 7, 1986, in the City of New York's custody at Manhattan Central Booking at One Police Plaza. On the morning of October 8, 1986 she was taken to 100 Centre Street, and on October 9, 1986 was arraigned on charges of assault, resisting arrest and harassment. Ms. Rosado alleges that "Defendants BRIGHT and MEDORO falsely represented to employees of the New York county District Attorney's Office, a Judge of the Criminal Court, and other Court personnel, that the plaintiff had committed [those] offenses." (Complaint, ¶ 44)
The documents*fn3 which support the charges filed against Ms. Rosado include: 1) a misdemeanor complaint sworn to by Officer Michael McCann which states that Officer Medoro told him that Ms. Rosado "act[ed] recklessly and with intent to cause physical injury ... and to harass, annoy and alarm [him]", "caused severe contusions on PO Bright's right wrist by repeatedly punching and kicking PO Bright", and "intentionally prevented a police officer from effecting an authorized arrest"; 2) a report entitled "Online Booking System Arrest Worksheet" prepared by Officer McCann which states that Ms. Rosado "became abusive and belligerent when Officers Bright and Medoro tried to remove her from Apt. [She] hit and kicked said officers which caused them to be treated in hospital"; and 3) a New York City Housing Authority-Police Department Complaint Report prepared by Officer Edward (listing Officer Medoro as the arresting officer and Officer McCann as the officer assigned to the case) which states that Ms. Rosado "became abusive and belligerent, refused to return apt key to [Mr. Rosado] and refused to leave. [She] began kicking and punching officers.... Medoro sustained injury to left arm. P.O. Bright injured right wrist."
"The elements of the tort of malicious prosecution are: (1) the commencement or continuation of a criminal proceeding by the defendant against the plaintiff, (2) the termination of the proceeding in favor of the accused, (3) the absence of probable cause for the criminal proceeding and (4) actual malice." Broughton v. State, 37 N.Y.2d 451, 456, 373 N.Y.S.2d 87, 335 N.E.2d 310, cert. denied sub nom. Schanbarger v. Kellogg, 423 U.S. 929, 96 S.Ct. 277, 46 L.Ed.2d 257 (1975).
At issue here is the first element. Ms. Rosado contends that Officers O'Grady and Khurana are joint tortfeasors and thus "just as liable as Bright and Medora [sic] for the iniation [sic] of the criminal prosecution" because they "participated in the physical seizure and arrest of the plaintiff as well as escorted her to the police car for transportation to the Housing Authority's office for booking." (Plaintiff's Memorandum, p. 2) She reasons, that by these actions, Officers O'Grady and Khurana "knew or ...