Kent v. Muscarello

The question here presented is whether an action for malicious prosecution is one for “injury to real or personal property” or “to the person”, or, where two of the defendants are policemen, it is one “against officers for misfeasance, malfeasance or nonfeasance” within the meaning of the survival statute so as to survive plaintiffs death.

After the plaintiff died the executor of his estate asked leave to be substituted as plaintiff. Defendants objected and moved to dismiss the action with prejudice on the ground that the action did not survive. The court denied leave and dismissed the action…