Brown v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal from an order of the Supreme Court at Special Term (Crangle, J.), entered June 26,1981 in Saratoga County, which denied defendant’s motion to dismiss the complaint. At issue here is the sufficiency of the allegations in plaintiff’s complaint which assert a cause of action seeking to recover damages for malicious prosecution. Specifically, defendant contends that termination of the criminal proceeding in favor of plaintiff, one of the elements of the tort of malicious prosecution (Broughton v State of New York, 37 NY2d 451, 457), is absent. Since this is a nonconverted motion to…
2Cases cited12 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Heaney v. PurdyNew York Court of Appeals · 1971
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3Cited by9 opinions
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- Testa v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Smith-Hunter v. HarveyAppellate Division of the Supreme Court of the State of New York · 1999
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