Moore v. Guerra

The plaintiff moved to set aside the jury verdict, in effect, in the interest of justice on the ground that the Supreme Court’s jury charge on malicious prosecution was confusing and misleading. In order to prevail on a cause of action seeking to recover damages for malicious prosecution, a plaintiff must establish (1) the commencement or continuation of a criminal proceeding by the defendant against the plaintiff, (2) the termination of the proceeding in favor of the accused, (3) the absence of probable cause for the criminal proceeding, and (4) actual malice (see Rivera v County of Nassau,…