Opinion
December 16, 1983
Appeal from the Supreme Court, Monroe County, Mastrella, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and Moule, JJ.
Order unanimously affirmed, with costs. Memorandum: We agree with defendant that plaintiff, on the evidence submitted on this motion for summary judgment, has no cause of action for malicious prosecution. Nevertheless, we find the record contains sufficient evidence to establish, prima facie, a cause of action against defendant for improperly inducing the Department of Motor Vehicles to suspend plaintiff's driver's license pursuant to section 332 Veh. Traf. of the Vehicle and Traffic Law (see Board of Educ. v Farmingdale Classroom Teachers Assn., 38 N.Y.2d 397, 405-406). Obviously, the purpose of section 332 Veh. Traf. of the Vehicle and Traffic Law is to protect the public from uninsured motorists who fail to satisfy judgments resulting from personal injury or property damage. The section was not designed to assist the defendant insurance company to recover from its insured money paid by mistake.