Paramount General Hospital Co. v. Jay

Opinion

KLEIN, P. J.

Plaintiffs and appellants Paramount General Hospital Company, a limited partnership (Paramount), and Irving Moskowitz (Moskowitz), as an individual and general partner of Paramount (collectively sometimes referred to as Paramount), appeal from an order of dismissal of their malicious prosecution complaint against defendant and respondent Jack Jay, M.D. (Jay).

The issue presented is whether a cause of action for malicious prosecution can be stated where the plaintiff obtained a partial favorable termination of the underlying action.

The subject underlying action alleged…