Legal Opinion
Cantalino v. Danner
New York Court of Appeals
Decided June 28, 2001PublishedCited by 118 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Is a dismissal in the interest of justice a “favorable termination” for purposes of a malicious prosecution action? Under the circumstances here, we conclude that it is, since the court’s reasons for dismissing the criminal charges were not inconsistent with the innocence of the accused.
This case arises out of the bitterly contested divorce of plaintiff from her husband. The husband, a lieutenant in the New York City Police Department, was living with defendant— his girlfriend, who was also a police officer. While the divorce action was pending in Kings…
2Cases cited7 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Broughton v. StateNew York Court of Appeals · 1975
- Smith-Hunter v. HarveyNew York Court of Appeals · 2000
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Ward v. SilverbergNew York Court of Appeals · 1995
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3Cited by118 opinions
- Lanning v. City of Glens FallsCourt of Appeals for the Second Circuit · 2018
- Kee v. City of New YorkCourt of Appeals for the Second Circuit · 2021
- Martinez v. City of SchenectadyNew York Court of Appeals · 2001
- Theodore Rothstein v. Mark Carriere, and Multi-Media Distributing Co. Inc., Leisure Time Entertainment, Inc., and Leisure Time Products, Inc.Court of Appeals for the Second Circuit · 2004
- Ying Li v. City of New YorkDistrict Court, E.D. New York · 2017
113 more not listed; retrieve them via the Exa API.