Legal Opinion
Oceanside Enterprises, Inc. v. Capobianco
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 1989PublishedCited by 5 opinions
1Opinion of the Court
— In an action, inter alia, to recover damages for malicious prosecution, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Brown, J.), entered January 23, 1987, as denied their motion for summary judgment dismissing the first and third causes of action asserted in the plaintiff’s complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the first and third causes of action asserted in the complaint are dismissed.
The essential elements of malicious prosecution of a civil action are as follows:…
2Cases cited5 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Fischer v. MaloneyNew York Court of Appeals · 1978
- Molinoff v. SassowerAppellate Division of the Supreme Court of the State of New York · 1984
- Ellman v. McCartyAppellate Division of the Supreme Court of the State of New York · 1979
- Landsman v. MossAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Eisenkraft v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1991
- Realty By Frank Kay, Inc. v. Majestic Farms Supply, Ltd.Appellate Division of the Supreme Court of the State of New York · 1990
- 347 Central Park Associates, LLC v. Pine Top Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- James H. Rambo, Inc. v. GenoveseAppellate Division of the Supreme Court of the State of New York · 1998
- James H. Rambo, Inc. v. GenoveseAppellate Division of the Supreme Court of the State of New York · 1998