Chernow v. Feldman

The appeal is from an order denying a motion to dismiss the complaint upon the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action.

When a criminal charge is sustained to the extent that a magistrate holds a defendant for the action of the grand jury, or a grand jury indicts, both of which elements were present in this case, in a*330n action for malicious prosecution, there is a prima facie showing of the existence of probable cause, and it is incumbent upon the plaintiff to rebut this showing by alleging facts involving the malicious…