Since, in the context of a summary judgment motion, a court must draw all reasonable inferences and resolve all ambiguities in favor of the non-moving party,
see, e.g., Lendino v. Trans Union Credit Information Co., 970 F.2d 1110, 1112 (2d Cir.1992), we think the District Court erred by concluding as a matter of law that the defendants had probable cause to initiate a criminal charge. The sparse factual record in this case, when viewed most favorably to the Rounsevilles, does not eliminate the possibility that the defendants initiated the criminal proceeding without probable cause.
Cf. Heller v. Ingber, 134 A.D.2d 733, 734–35, 521 N.Y.S.2d 554, 556 (3d Dep't 1987) (agreeing that malicious prosecution claim should not be dismissed “since there were conflicting versions of the facts” concerning probable cause). The District Court found probable cause as a matter of law by relying on evidence that is not uncontroverted nor clearly establishes the existence of probable cause. First, it is questionable whether a lay person without any tax assessment training or knowledge could reasonably conclude that tax assessors had engaged in official misconduct simply by attending town meetings and reviewing public tax rolls. Second, the record is vague concerning exactly when the defendants consulted with a lawyer and the nature and details of his advice.
Third, the defendants' own affidavits suggest it was only after they had filed their criminal complaint that they were told by the Director of the Division of Equalization and Assessment that the Rounsevilles' practices were illegal. Thus, at the time they initiated the criminal charges against the Rounsevilles, the appellees did not clearly have knowledge of any “facts” that presented reasonable grounds for a prosecution. The only circumstance suggesting the Rounsevilles were guilty of official misconduct was the appellees' own conjecture that their property assessments were too high.