Lenehan v. Familo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dillon, P. J.
It is succinctly said that a “malicious prosecution is one that is begun in malice, without probable cause to believe it can succeed, and which finally ends in failure” (Burt v *74Smith, 181 NY 1, 5; see Munoz v City of New York, 18 NY2d 6, 9). Mindful of that artful expression of the essential elements of this civil action for malicious prosecution brought by one against whom a criminal proceeding was impelled by another, we are asked on appeal to decide whether plaintiff satisfied his burden of proof.
Plaintiff and defendant Joseph Familo owned summer residences…
2Cases cited15 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- People v. ProsserNew York Court of Appeals · 1955
- Burt v. . SmithNew York Court of Appeals · 1905
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
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3Cited by16 opinions
- Murphy v. LynnCourt of Appeals for the Second Circuit · 1997
- Alvin Fulton Jr. v. Laurie RobinsonCourt of Appeals for the Second Circuit · 2002
- Smith-Hunter v. HarveyNew York Court of Appeals · 2000
- Russo v. State of New YorkCourt of Appeals for the Second Circuit · 1982
- Russo v. New YorkCourt of Appeals for the Second Circuit · 1982
11 more not listed; retrieve them via the Exa API.