Balthazar v. Dowling

Plaintiffs, Dr. Eugene Balthazar and Dr. Frederick Schoenfeld, brought this action against defendants, Donald Dowling, Roy Safanda and Maria Reyes, for negligently filing a baseless medical malpractice action against them and for malicious prosecution. The underlying malpractice action had been brought by defendants Dowling and Safanda, licensed attorneys, on behalf of defendant Reyes, who is not a party to this appeal. Defendants’ pretrial motion for summary judgment was granted as to counts I and II, which sought to assert a cause of action based on negligence, and in trial defendants’…