In Vitale v. Hagan, 132 AD2d 468, 517 N.Y.S.2d 725 (1st Dept 1987), plaintiff was arrested for assault and resisting arrest based on an altercation between plaintiff and a police sergeant after a minor automobile accident. Plaintiff was never incarcerated but the charges remained pending for eight and one-half months. A jury awarded plaintiff $ 750,000 for the malicious prosecution portion of his action which was affirmed on appeal.