Jackson v. Kessner

Contrary to appellants’ contention, plaintiff established a prima facie case of malicious prosecution. The evidence demonstrated that, after the appellants contracted with plaintiff for the sale of plaintiff’s brownstone, they failed to appear at the closing, causing plaintiff to declare a default and to retain the down payment. But for the commencement of an action and filing of notice of pendency by appellants after their default, plaintiff could have entered into a contract of sale with a new purchaser at a price of $999,000. After that notice of pendency was vacated, the prospective…