Pettalino v. State

This action for malicious prosecution arises from a charge by the defendant, the State of New York, against the claimant for practicing barbering without a license, and operating an unlicensed barbershop in violation of article 28 of the General Business Law, which prosecution resulted in an acquittal on the merits. Money damages are based on the claim that the prosecution charge was made with *166malice and intent, and that newspaper notoriety defamed claimant with injury to his reputation, character and business opportunities.

Between 2:00 and 2:30 in the afternoon of February 20, 1961 the…