Finsilver v. Still

This action is to recover damages for malicious prosecution. The defendant contends that the plaintiff failed to allege any sufficient facts to meet the decision of the Court of Appeals in Graham v. Buffalo General Laundries Corp. (261 N. Y. 165). In that case there was a bare allegation in the complaint that the prosecution of the plaintiff by the defendant was without probable cause. The Court of Appeals held in that case that the bare allegation in the complaint of want of probable cause was insufficient when the complaint on its face showed probable cause; that on the preliminary hearing…