Jestic v. Long Island Savings Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
This case presents to this court for the first time the question of whether a cause of action for negligence may be maintained under circumstances where the defendant has instigated a prosecution against the plaintiff in a prior action in a manner alleged by the plaintiff to have been *256negligent. Simply put, is there a cognizable cause of action for “negligent prosecution”? We hold that there is not, and therefore modify Special Term’s order insofar as it denied that part of the defendant’s cross motion which was to dismiss plaintiff’s first cause of action.
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2Cases cited11 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Burt v. . SmithNew York Court of Appeals · 1905
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
- Munoz v. City of New YorkNew York Court of Appeals · 1966
- Heyne v. . BlairNew York Court of Appeals · 1875
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3Cited by21 opinions
- Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
- Von Bulow Ex Rel. Auersperg v. Von BulowDistrict Court, S.D. New York · 1987
- Carlton v. Nassau County Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2003
- Pandolfo v. U.A. Cable Systems of WatertownAppellate Division of the Supreme Court of the State of New York · 1991
- Auto-Owners Ins. Co. v. HooksDistrict Court of Appeal of Florida · 1985
16 more not listed; retrieve them via the Exa API.